If you slipped and fell inside a store, such as a T.J. Maxx location in Fort Myers, and suffered a serious injury, you might be compensated for your medical bills, physical and emotional injuries, and lost wages. The premises liability attorneys at Wolfson & Leon help injured victims hold negligent store owners accountable.
Hurt in a T.J. Maxx Store Accident?When a customer trips or falls in a retail store like T.J. Maxx, the resulting injuries can be painful and severe, and the legal issues complex. At Wolfson & Leon, our Fort Myers personal injury team has decades of experience representing victims hurt in slip-and-fall and other premises liability accidents. Whether you were shopping in a clothing department, browsing a clearance rack, or walking near a checkout area, if you suffered a significant injury, we can help assess your rights.
Call us at (239) 777-9954 or visit our Fort Myers office for your free consultation.
Understanding Premises LiabilityFlorida law requires retail stores and property owners to look out for the safety of shoppers and other authorized guests on their property. In Florida, a store like T.J. Maxx must keep its aisles, floors, and displays reasonably safe, warn of known hazards, and promptly fix dangerous conditions that they knew, or should have known, existed.
If a store fails to act and you’re hurt as a result, it may be responsible for your medical expenses, lost income, and pain and suffering. A key part of any claim is proving that the owner or operator breached this duty and that the breach caused your injury.
For example, suppose a puddle, spilled merchandise, or a missing floor mat created a hazard. If the employees knew, or should have known, about it but didn't correct or provide any warning, you may have a valid premises liability claim. See Florida Statute § 768.0755 for details on business-establishment liability.
Common Locations and Causes of Slips and Falls in Fort MyersT.J. Maxx has several locations in and around Fort Myers, including:
Slip-and-fall accidents in Fort Myers retail stores, like T.J. Maxx, can happen anywhere, including:
Stores like T.J. Maxx often experience high traffic from both residents and visitors. Regular inspections, signage, and maintenance logs are crucial in preventing injuries; however, when these steps are overlooked, accidents can and do occur.
Common Injuries in a T.J. Maxx Store Slip and Fall AccidentSlip-and-fall victims frequently suffer:
Older adults are especially vulnerable to severe complications like hip fractures or head trauma. Early medical evaluations and documentation are vital to both health and the success of your claim.
For more on related injuries, visit our Head or Brain Injury page.
Legal Challenges & Why You Need a LawyerAlthough slip-and-fall cases might seem straightforward, Florida law places a high burden on injured victims to prove negligence.
Comparative Negligence - Florida's modified comparative fault rule means your compensation could be reduced if you're found partly responsible for the accident. Even being distracted or wearing non-slip shoes can be used against you. If you are found to be more than 50% at fault, you could be barred completely. That is why you need to consult with a Fort Myers accident attorney as soon as possible.
Notice Requirement - Florida Statute § 768.0755 requires proof that the business had actual or constructive knowledge of the hazard. Constructive knowledge may exist if a dangerous condition persisted long enough for employees to have noticed, or if similar incidents had occurred before.
Evidence Collection - Successful claims often depend on video footage, incident reports, witness statements, and cleaning logs - all of which can quickly disappear.
Insurance Defense - Major retailers, such as T.J. Maxx (owned by TJX Companies), rely on skilled insurance defense teams. Wolfson & Leon's attorneys know how to secure evidence fast and negotiate aggressively for fair compensation.
Learn more about how we handle these cases on our Premises Liability page.
Florida Premises Liability LawsFlorida’s premises-liability statute, § 768.0755, governs “transitory foreign substance” cases in business establishments. To recover damages, an injured customer must show:
Florida’s statute of limitations (F.S. § 95.11) gives most victims two years from the date of injury to file a negligence lawsuit. Missing this deadline could permanently bar your claim, so prompt legal action is essential.
For additional steps on what to do, see What to Do After an Accident.
Frequently Asked QuestionsReport the incident immediately to management, request an incident report, photograph the area, obtain witness contacts, keep your shoes on, and seek medical attention.
Potentially the store itself, its corporate parent, the property owner, or any maintenance contractors responsible for cleaning or safety inspections.
Most negligence claims must be filed within two years of the injury date. If your accident happened before March 24, 2023, the older four-year limit may apply.
Florida's comparative negligence system may reduce your recovery based on your percentage of fault. However, you can still pursue damages if you're less than 50% responsible.
Many claims are settled through negotiation. However, Wolfson & Leon prepares every case as if it will go to trial to maximize your recovery potential.
If you or a loved one was injured in a slip-and-fall at a T.J. Maxx in Fort Myers, don't wait to protect your rights. Contact Wolfson & Leon today at (239) 777-9954 for a free, no-obligation consultation. Our Fort Myers legal team will evaluate your case, explain your options, and vigorously fight to secure the best compensation possible.
Learn more by calling Wolfson & Leon today at 239-777-9954 or visit us online to schedule your free consultation.