Date: 06-06-2025

Case Style:

Alexis Fernandez Hernandez v. Wal-Mart Stores East, LP

Case Number: 24-cv-61713

Judge: Alicia O. Valle

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

Plaintiff's Attorney: James O'Connell

Defendant's Attorney: Felix Lopez

Description: Alexis Fort Lauderdale, Florida personal injury lawyers represented the Plaintiff and Defendant on a premises liability negligence claims.

In Florida, premises liability laws hold property owners responsible for injuries caused by dangerous conditions on their property, provided they knew or should have known about the hazard. To succeed in a premises liability claim, the injured party must prove the property owner had a duty to maintain the property, breached that duty, and the breach caused the injury and damages.

Key Aspects of Florida Premises Liability:

Duty of Care:
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Property owners have a duty to ensure the property is reasonably safe for visitors. This duty can vary depending on the visitor's status (e.g., invitee, licensee, trespasser).
Breach of Duty:
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The owner can be found liable if they fail to uphold their duty of care, such as by failing to warn about known dangers or fix hazardous conditions.

Causation:
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There must be a direct link between the breach of duty and the injury sustained.
Damages:
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The injured party can recover damages, including medical expenses, lost wages, pain and suffering, and other compensation.
Statute of Limitations:
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Florida has a four-year statute of limitations for premises liability claims, meaning a lawsuit must be filed within four years of the accident.

Comparative Negligence:
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Florida follows a modified comparative negligence rule, meaning the injured party cannot recover damages if they are found to be more than 50% at fault for the accident.
Examples of Premises Liability:
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Common examples include injuries caused by slip and fall accidents, inadequate security measures, or dangerous conditions like broken sidewalks or faulty equipment

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

Plaintiff's Experts:

Defendant's Experts:

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