Can You Sue If You Slipped And Fell In A TJ Maxx, Marshall, HomeGoods or HomeSense Store In Florida?

A quick shopping trip can turn into a painful and overwhelming experience if you slip and fall inside a retail store. Major chains like TJ Maxx, Marshalls, HomeGoods, and HomeSense operate dozens of locations throughout South Florida, including Boca Raton, Fort Lauderdale, West Palm Beach, Delray Beach, Stuart, and surrounding communities.

If you were injured in one of these stores, you may be asking:

• Can I sue the store?
  
• What do I have to prove?
  
• Does Florida law protect customers?
  
• What if the store denies responsibility?
  

The answer depends on the circumstances, but yes, in many cases, you can pursue compensation.

Kogan & DiSalvo helps injury victims across South Florida hold negligent property owners accountable when unsafe conditions cause harm.

Injured in Florida? Let Kogan & DiSalvo help you get the compensation you deserve.

What Makes a Store Responsible for a Slip and Fall in Florida?

Slip and fall cases fall under an area of law known as premises liability. In Florida, businesses that invite customers onto their property have a legal duty to maintain reasonably safe conditions.

That includes:

• Cleaning spills promptly
  
• Repairing broken flooring
  
• Securing loose mats
  
• Addressing leaks or tracked-in rainwater
  
• Providing adequate lighting
  
• Warning customers about known hazards
  

However, Florida law requires more than simply showing you fell. You must prove the store either:

1. Knew about the dangerous condition, or
   
2. Should have known about it through reasonable inspection
   

This is known as “actual or constructive knowledge.”

Common Causes of Slip and Fall Accidents in Retail Stores

Retail environments present unique hazards due to high foot traffic and frequent merchandise movement.

Common causes include:

• Spilled liquids in aisles
  
• Leaking refrigerators or air conditioning units
  
• Recently mopped floors without warning signs
  
• Fallen merchandise
  
• Torn carpeting
  
• Uneven flooring
  
• Slippery entryways during South Florida rainstorms
  

With frequent afternoon storms and heavy tourism traffic in areas near A1A, Atlantic Avenue, and Glades Road, entryways in South Florida stores can quickly become hazardous if not properly maintained.

If store employees fail to inspect and clean these areas regularly, liability may arise.

What Do You Have to Prove to Win a Slip and Fall Case?

Under Florida Statute §768.0755, you must show that the business had actual or constructive knowledge of the dangerous condition.

Constructive knowledge can be proven if:

• The condition existed long enough that it should have been discovered
  
• The hazard occurred regularly and was foreseeable
  

For example:

• A puddle that had visible dirt track marks may indicate it sat there for some time
  
• Repeated roof leaks during storms could show a known recurring issue
  
• Surveillance footage may reveal the spill was ignored
  

Evidence is critical in these cases.

Your recovery starts with a call to Kogan & DiSalvo.

What Should You Do Immediately After a Slip and Fall?

The steps you take right after your accident can significantly impact your claim.

1. Report the incident to a manager immediately
   
2. Request a written incident report
   
3. Take photos of the hazard and surrounding area
   
4. Get contact information from witnesses
   
5. Seek medical treatment promptly
   
6. Avoid giving recorded statements to insurance companies without legal advice
   

Many large retailers have corporate insurance teams trained to minimize payouts. Early legal guidance can protect your rights.

What If the Store Claims the Fall Was Your Fault?

Retailers often argue:

• The hazard was “open and obvious”
  
• You were distracted
  
• You were wearing improper footwear
  
• You were partially responsible
  

Florida follows a modified comparative negligence rule. If you are found more than 50% at fault, you may not recover damages. If you are partially at fault, your compensation may be reduced proportionally.

Insurance companies frequently attempt to shift blame to reduce payouts.

This is why strong evidence, surveillance footage, maintenance logs, witness testimony, is essential.

Kogan & DiSalvo has helped injury victims across South Florida, now we’re ready to help you.

What Types of Injuries Occur in Retail Slip and Fall Accidents?

Slip and fall injuries are often more serious than people expect, especially for older adults.

Common injuries include:

• Broken wrists and arms
  
• Hip fractures
  
• Traumatic brain injuries
  
• Back and spinal cord injuries
  
• Knee ligament tears
  
• Shoulder injuries
  

Falls in hard-surface retail environments can cause long-term medical complications, especially in older shoppers or those with pre-existing conditions.

How Much Is a Slip and Fall Case Worth?

The value of your claim depends on several factors:

• Severity of your injuries
  
• Medical expenses (past and future)
  
• Lost income
  
• Permanent disability
  
• Pain and suffering
  
• Impact on daily life
  

For example, a fractured hip requiring surgery and rehabilitation may justify significantly higher compensation than a minor sprain.

An experienced attorney evaluates long-term medical projections to ensure you are not left paying future expenses out of pocket.

What If the Store’s Insurance Company Denies Your Claim?

It is common for large corporate retailers to deny initial claims.

Reasons may include:

• Alleging insufficient evidence
  
• Arguing lack of notice
  
• Disputing injury severity
  
• Claiming pre-existing conditions caused the injury
  

A denial does not mean you do not have a case.

An attorney can:

• Investigate maintenance records
  
• Obtain surveillance footage
  
• Depose store employees
  
• Consult safety experts
  
• File a formal lawsuit if necessary
  

Many strong cases begin after an initial denial.

We’re here to help you understand your rights. Let’s talk.

How Long Do You Have to File a Slip and Fall Lawsuit in Florida?

Florida’s statute of limitations for most negligence claims is generally two years from the date of the accident.

Waiting too long can result in losing your right to compensation.

Additionally, evidence such as surveillance footage may only be retained for a limited time. Acting quickly is important.

Why Retail Slip and Fall Cases Can Be Challenging

Large chain retailers often:

• Have corporate legal teams
  
• Maintain aggressive insurance defense strategies
  
• Use standardized incident reporting procedures
  
• Immediately begin internal investigations
  

These cases require detailed evidence gathering and strategic negotiation.

Kogan & DiSalvo approaches premises liability cases with careful investigation, expert consultation, and readiness to take cases to trial when necessary.

“When Results Matter, We Deliver” reflects a commitment to standing up to powerful corporations on behalf of injured clients.

Frequently Asked Questions About Store Slip and Fall Claims

Can I Sue Even If There Was No Warning Sign?

Yes, if the store knew or should have known about the hazard.

What If There Were Warning Cones Nearby?

The effectiveness and placement of warning signs may still be challenged if they were inadequate.

Do I Need Video Evidence?

Not necessarily, but it can strengthen your case significantly.

What If I Didn’t Report It Immediately?

Delayed reporting can complicate your claim, but it does not automatically prevent recovery.

Speak With Kogan & DiSalvo About Your Slip and Fall Case

If you were injured in a TJ Maxx, Marshalls, HomeGoods, or HomeSense store in Boca Raton, Fort Lauderdale, West Palm Beach, Delray Beach, Stuart, or anywhere in South Florida, you deserve answers.

Retail corporations have legal teams protecting their interests. You should have experienced advocates protecting yours.

Call Kogan & DiSalvo today for your free consultation.

Injured in Florida? Let Kogan & DiSalvo help you get the compensation you deserve.

Your recovery starts with a call to Kogan & DiSalvo.