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St. Petersburg, FL asked in Municipal Law, Real Estate Law and Personal Injury for Florida

Q: How can I sue the city over tree damage to my house in Florida?

I am seeking legal advice on how to sue the city due to a tree managed by them that fell and damaged my house, causing around $60,000 to $80,000 in damages. This incident happened last year, and despite numerous complaints and communications via email to the city about the tree, they have not addressed the issue. I do not have insurance coverage for this damage, but the city does have insurance. What steps can I take to pursue this matter legally?

3 Lawyer Answers

A: If you want to make something happen, you need someone on your side who has some heft. Consult an attorney.

A: You bear the burden of proving that the tree was located on city property, that the city was negligent in maintaining it, and that it was reasonably foreseeable that such negligence could result in the tree falling and causing property damage to a third party like yourself.

To initiate a claim, you must first file an administrative claim with the relevant government agency and with their insurance risk carrier. If the agency denies the claim or six months pass without a response, you may then file a lawsuit.

Time is of the essence. You should retain an attorney as soon as possible to ensure your claim is filed before the statutory deadline expires.

James L. Arrasmith
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Answered

A: You have the right to seek compensation from the city if their negligence led to the damage to your home, but suing a city in Florida follows a very specific process. Under **Florida’s sovereign immunity laws**, you can only sue a government entity if you first file a formal **notice of claim** within **three years** of the incident. This notice must describe the event, the property damage, and the amount of compensation you’re seeking. It must be sent to both the **Florida Department of Financial Services (DFS)** and the city’s clerk or risk management office. Only after the city has had six months to review your claim can you file a lawsuit if they deny or fail to resolve it.

Since you mentioned that you previously reported the tree problem to the city, those complaints may serve as strong evidence of negligence. The fact that you warned them about the danger before the tree fell could help show that they had **prior notice** and failed to take reasonable action. Gather all emails, photos, inspection records, and correspondence with city officials—these will be crucial when proving the city’s responsibility. Documenting the timeline of your reports and the eventual damage will make your claim much stronger.

If the city rejects or ignores your claim after six months, you can file a lawsuit in civil court for the cost of the damages, but be aware that Florida law limits recovery against government entities to **$200,000 per person or $300,000 per incident** unless the legislature approves a higher amount. Because these cases involve strict deadlines and procedures, you may want to seek help from a **personal injury or property damage attorney** experienced in government liability. Taking prompt action and following the proper notice process gives you the best chance of recovering compensation for the damage to your home.

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