By Mike Redondo, Founding Attorney, Redondo Law, P.A. • October 2026
Hurricane season runs through November 30, and South Florida has had a quiet year so far. That is the time to understand a question most people never think about until they are hurt: when a storm or its aftermath injures you, who pays?
The answer depends on how you were hurt. Some storm injuries are nobody’s fault. Many are.
Injuries that may be someone’s fault
- Falling debris and trees. A property owner who ignored a dead tree, loose roofing or an unsecured sign before the storm may be responsible when it hurts someone.
- Generator injuries. Carbon monoxide poisoning from a generator run indoors or too close to a home, and burns and fires from defective units. Manufacturers, sellers and sometimes landlords can be liable.
- Post-storm car crashes. Dark intersections with dead signals become four-way stops under Florida law. Drivers who blow through them are at fault, not the storm.
- Slip and falls. Flooded lobbies, wet stairwells and dark parking garages in buildings that did not clean up or warn.
- Construction and cleanup crashes. Debris trucks, roofing crews and contractors rushing repairs cause crashes and falls.
- Elevator and power failures in buildings that did not maintain backup systems, especially where elderly residents are trapped.
- Nursing home neglect. Florida requires facilities to have backup power and emergency plans. Residents harmed when a facility fails to follow them may have claims.
Injuries that usually are not a claim
Being hurt by wind, storm surge or flooding itself, with no one’s negligence involved, is generally not a personal injury case. Damage to your home or car is a property insurance claim, and we handle disputes with your own insurer separately.
What to do if you are hurt during or after a storm
- Get medical care first. Emergency rooms are crowded after storms; go anyway.
- Photograph the hazard before it is cleaned up: the fallen tree, the dead signal, the flooded stairwell, the generator.
- Get names of witnesses and, for a building, the property manager.
- Keep receipts for medical care, medication and anything you had to replace.
- Report the incident to the property owner or business in writing.
- Do not sign anything from an insurer before talking to a lawyer.
Claims against the government
Some storm injuries involve a city or county: a dead traffic signal left unfixed for days, a downed power line on a public right-of-way, or a county shelter. Claims against government agencies require written notice before a lawsuit and are capped unless the Legislature approves more. Deadlines are strict. Do not wait.
Deadlines
For most negligence claims arising on or after March 24, 2023, Florida gives you two years to file. Evidence disappears far faster after a storm, as cleanup crews remove the very things that prove your case.
If you or a family member was hurt in a storm and you think someone else’s carelessness played a part, call (305) 908-6778. The consultation is free and confidential.
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