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Injured at HomeSense in Cape Coral? What to Know About Your Legal Rights
If you slipped, tripped, or were injured in a HomeSense store in Cape Coral, you may be entitled to compensation. At Wolfson & Leon, our Cape Coral premises liability lawyers are here to help you hold negligent store owners accountable for unsafe conditions that lead to serious injuries.
Store Accidents Can Happen Fast — but the Effects Can LastRetail stores like HomeSense may look neat and stylish on the surface. Still, if store managers or employees don't properly maintain the property, shoppers can get seriously hurt. Whether it's a fall in a cluttered aisle, a slip on wet flooring, or an uneven sidewalk near the entrance, store injuries can have long-lasting consequences, especially for older adults.
Since 1963, Wolfson & Leon has helped injured people in Florida recover compensation after accidents in stores, parking lots, restaurants, and public spaces. We serve Cape Coral and the surrounding areas with local offices and a dedicated team. Call us for a free consultation today at 239-471-0714.
What “Premises Liability” Means and Why Stores Like HomeSense Must Prioritize SafetyUnder Florida premises liability law, businesses like HomeSense must keep their premises safe for the public. That means regularly checking for hazards, cleaning spills quickly, securing tall displays, fixing damaged sidewalks or parking lots, and ensuring lighting is sufficient throughout the store.
When unsafe conditions injure a customer, the store may be held legally responsible. However, Florida Statute 768.0755 requires the injured person to prove the business either knew or should have known about the hazard and failed to fix it.
This is why thorough legal investigation matters. Surveillance footage, incident reports, witness statements, and store maintenance logs can all be key to building a strong case.
Where and Why Accidents at HomeSense HappenPremises liability accidents in retail stores like HomeSense often occur in areas that are:
- Cluttered or narrow (aisles with carts, merchandise, or displays)
- Wet or recently mopped without warning signs
- Poorly lit
- Understaffed or inadequately monitored
- Situated on broken pavement or cracked sidewalks
- Surrounded by hazardous parking lot surfaces (potholes, faded lines, or missing curbs)
HomeSense is one of many stores owned by TJX Companies. You can find several locations of HomeSense scattered throughout Southwest Florida, including:
- HomeSense – 10033 Gulf Center Drive, Fort Myers, FL 33912
- HomeSense – 1000 Immokalee Road, Naples, FL 34110
- HomeSense – 125 N Cattleman Road, Sarasota, FL 34243
While a fall might seem like a minor mishap, it can lead to:
- Fractured wrists, ankles, or hips
- Spinal cord injuries or herniated discs
- Neck or shoulder injuries
- Traumatic brain injuries (TBI) from hitting the head
- Lacerations or puncture wounds from shelves or fixtures
Older adults are especially vulnerable. Over 3 million older adults require emergency room treatment for fall injuries - every year. Nearly 1 million were hospitalized, often due to hip fractures or head trauma.
Why Legal Help Makes a DifferenceProving negligence in a premises liability case isn’t always straightforward. Here’s why experienced attorneys like those at Wolfson & Leon are critical:
- Comparative negligence: If the store claims you were partly at fault (e.g., looking at your phone), it could reduce your compensation. We fight back with evidence.
- Proving notice: We investigate whether the hazard existed long enough for the store to have known and acted.
- Negotiating settlements: We'll handle the insurance company and fight for a the best settlement possible, so you can focus on recovery.
You don't have to face this alone. Wolfson & Leon has helped thousands of clients across Florida rebuild their lives after injuries from slip-and-fall and other premises liability accidents.
Florida Law: Know Your TimelineIn general, Florida law gives you two years (from the accident date) to file a premises liability lawsuit. Florida Statute 768.0755 outlines the requirements for necessary to prove the business owner or operator had "actual" or "constructive" knowledge of the danger.
Delaying legal action could put your case at risk, so it's essential to act quickly.
FAQ – What Shoppers in Cape Coral Want to KnowWhat Should I Do Right After an Accident at HomeSense?
Start by reporting the fall to store staff. Ask for a copy of the incident report. When possible, take photos of the area and get names of witnesses. For more steps, see our guide on what to do after an accident.
Can I File a Premises Liability Claim if I Fell Outside in the Parking Lot?
Yes. If the parking lot or sidewalks were unsafe due to poor maintenance or design, you may still have a valid premises liability claim.
What if the Store Says It Wasn’t Their Fault?
Don't assume the store is right. Liability can still exist even if the store claims otherwise. We investigate to uncover what really happened.
What if My Injury Is a Head Injury or Concussion?
We represent victims of head and brain injuries caused by falls in retail and public spaces. These injuries can be severe and long-term.
How Do I Pay for a Lawyer?
Wolfson & Leon works on a contingency fee basis. You don't pay unless we win.
The aftermath of a store accident can be overwhelming, but you don’t have to go through it alone. At Wolfson & Leon, we've represented injured clients for over 60 years, and we're ready to help you, too.
If you or a loved one suffered serious injury at HomeSense or any TJX store in Cape Coral or nearby communities, contact us today for a free consultation. We'll explain your options, help you gather evidence, and fight for the compensation you deserve. Call 239-471-0714 or click here to contact us.
