Fort Myers HomeSense Injury Lawyer

Fort Myers HomeSense Accident Attorney: Know Your Rights After an Injury

If you were badly hurt at a HomeSense store or in its parking lot in Fort Myers, you might be compensated for your medical expenses, lost wages, and pain. The experienced premises-liability attorneys at Wolfson & Leon help victims hold negligent retailers and property owners accountable.

Hurt at HomeSense in Fort Myers?

HomeSense is known for its stylish home décor. Still, an afternoon of shopping can quickly take a turn when a customer slips on a wet floor or trips over uneven pavement outside the store. Retailers and property owners are legally responsible for maintaining safe conditions. This responsibility isn’t just limited to their stores but also extends to walkways and parking areas.

At Wolfson & Leon, our Fort Myers personal injury attorneys represent people gravely hurt in slip-and-fall, trip-and-fall, and parking lot accidents throughout Southwest Florida. Whether your injury happened in a HomeSense aisle, at the checkout area, or in the store's busy parking lot, we'll help you understand your rights and pursue the compensation you deserve.

Call (239) 777-9954 today for a free consultation or visit our Fort Myers office.

Understanding Premises Liability at HomeSense

Retailers and other business owners must keep their premises reasonably safe for customers and guests under Florida law. This responsibility extends to:

• Regular inspections for unsafe conditions,
• Cleaning spills or debris promptly,
• Providing clear warning signs for hazards, and
• Maintaining lighting, flooring, and parking surfaces in good repair.

A retailer that ignores safety issues, whether in aisles, entryways, or parking areas, can be considered negligent if someone gets hurt. Premises liability rules provide a way for injured shoppers to seek justice when accidents happen because a business didn't act responsibly.

A premises liability claim often hinges on showing that the store had the opportunity to fix a problem but didn't act. Your lawyer will work to show that HomeSense or the property's owner knew about the hazardous condition, or should have discovered it with proper care, and failed to protect customers. Things like security video, accident reports, and eyewitness accounts can play an important role in proving this.

You can learn more about these cases on our Premises Liability page or our Slip and Fall page.

Common Causes of HomeSense Store and Parking Lot Accidents

You can find your local HomeSense store at Gulf Coast Town Center, located at 10033 Gulf Center Drive, Fort Myers, FL 33913.

Both inside and outside a HomeSense store, unsafe conditions can create serious risks for shoppers. Some of the most frequent causes of accidents at HomeSense include:

Inside the Store:

• Wet or freshly mopped floors without warning signage
• Fallen merchandise or boxes left in aisles during restocking
• Torn rugs or uneven tiles near entrances and display areas
• Poor lighting that makes hazards difficult to see
• Crowded clearance aisles where tripping hazards go unnoticed

In the Parking Lot:

• Uneven pavement or potholes that cause trips and falls
• Oil slicks or puddles from vehicles
• Inadequate lighting that causes visibility issues at night
• Faded or unclear crosswalks and pedestrian areas
• Shopping cart collisions or debris left near walkways

In Fort Myers, where frequent afternoon rain and humidity make surfaces slick, parking lot maintenance is critical. Stores near Gulf Coast Town Center, Page Field Commons, or US-41 retail corridors experience high customer traffic and must conduct regular inspections to prevent these accidents.

Common Injuries in HomeSense Accidents

Even a short fall can cause long-lasting injuries, especially for older adults or individuals with preexisting conditions. Typical injuries include:

• Fractured wrists, ankles, or hips from sudden impact
• Back and spinal injuries, such as nerve compression or herniated discs
• Head injuries and concussions from hitting the ground or nearby fixtures
• Shoulder or knee injuries from awkward landings
• Soft-tissue sprains and muscle tears

The CDC has found that falls frequently lead to severe injuries, commonly including fractures and head trauma that can require extensive medical care. If you suspect a head or neck injury, seek immediate medical care and review our Head or Brain Injury page for more information.

Legal Challenges in HomeSense Premises Liability Cases

Big-box retailers like HomeSense, part of the TJX Companies, often contest liability when customers are injured on their property. Proving negligence requires detailed evidence and quick action.

Key Legal Challenges Include:

• Constructive Knowledge: Under Florida Statute § 768.0755, the injured person must show that HomeSense knew, or should have known, about the dangerous condition. For example, if a puddle existed long enough for employees to notice, that could be sufficient to establish “constructive notice.”
• Comparative Fault: Florida law allows damages to be reduced if you’re found partially at fault (for instance, not watching where you stepped). However, you may still recover compensation if you were less than 50 % responsible.
• Evidence Preservation: Video surveillance and cleaning logs are often deleted quickly. At Wolfson & Leon, we act quickly to preserve crucial evidence and witness statements before they are lost.
• Insurance Tactics: Retail insurance companies may deny or minimize valid claims. Our firm handles negotiations, so you don’t have to face them alone.

With our experience handling complex slip-and-fall and parking lot injury cases across Lee County, we know how to build strong claims supported by evidence, expert testimony, and Florida law.

Florida Premises Liability Laws and Deadlines

Florida Statute § 768.0755 governs slip-and-fall and "transitory foreign substance" claims in business establishments. A successful case requires proving that the store was aware, or should have been aware, that the hazard existed, but they didn't take steps to fix it or warn customers in time.

Additionally, Florida Statute § 95.11 provides a two-year statute of limitations for negligence cases arising after March 24, 2023. Just keep in mind that failing to file a lawsuit in time can permanently bar your right to recover damages, even if you have a strong case. So, if you’ve been hurt at a HomeSense store or in its parking lot, contact an attorney right away.

To learn more about your next steps, visit our What to Do After an Accident page.

Frequently Asked Questions About HomeSense AccidentsWe’re Here to Help – Call Wolfson & Leon Now for Your Free Consultation

A fall at a HomeSense store, or even in its parking lot or outside walkway, can leave you facing painful injuries and unexpected bills. You don’t have to handle the legal process alone.

Contact Wolfson & Leon today at (239) 777-9954 for a free, no-obligation consultation. Our Fort Myers premises liability attorneys will review your case, gather the facts, and fight to recover the compensation you deserve.

Serving Fort Myers and all of Southwest Florida, Wolfson & Leon is dedicated to protecting the rights of injury victims, both inside and outside the store.

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