Date: 10-10-2024

Case Style:

Bertland King, et al. v. Wal-Mark Stores East, L.P.

Case Number: 0:23-cv-61775

Judge: Melissa Damian

Court: United States District Court for the Southern District of Florida (Broward County0

Plaintiff's Attorney:

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Defendant's Attorney: Angelise Marie Petrillo and Dorsey C. Miller, II

Description:

Fort Lauderdale, Florida personal injury lawyer represented the Plaintiffs.

Florida's premises liability law holds property owners and occupiers responsible for keeping their property safe for visitors. If a visitor is injured due to an unsafe condition on the property, the owner may be liable for the injuries.
Here are some key points about Florida's premises liability law:

Duty of care

Property owners owe a duty of care to visitors, but the level of care depends on the visitor's status. For example, invited licensees, like social guests, are owed the same duty of care as invitees. Uninvited licensees are only protected from wanton or willful injury, and the owner's failure to warn of known hazards.

Elements of a claim

To win a premises liability claim, the injured party must prove the following:

Duty of care: The owner owed the injured party a duty of care.

Breach of duty: The owner breached their duty of care.

Causation: The owner's breach of duty directly caused the injuries.
Damages: The injured party suffered actual financial losses or damages.

Statute of limitations

The injured party has two years from the date of the accident to file a claim. If the injury resulted in death, the injured party has two years from the date of death to file a claim.

Examples of premises liability claims

Slip and fall accidents, dog bites, swimming pool accidents, elevator and escalator accidents, amusement park accidents, fires, flooding, toxic fumes or chemicals, and assaults.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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