Fort Myers Slip and Fall Lawyer
When a Property Owner’s Negligence Causes Serious Injury — You Have the Right to Hold Them Accountable
A slip and fall at a Fort Myers store, restaurant, hotel, or commercial property can cause devastating injuries — broken bones, traumatic brain injuries, spinal cord damage, and chronic pain that affects every aspect of your life. These are not minor accidents. They are the result of property owners who failed in their legal duty to maintain safe premises.
Carlos D. Cabrera spent years defending insurance companies and knows how property owners and their insurers defend slip and fall claims. He understands the tactics they use to deny responsibility — and he begins building the counter-strategy from day one.
Florida’s Slip and Fall Law: What You Must Prove
Florida Statute 768.0755 governs slip and fall cases involving “transitory foreign substances” — wet floors, spilled liquids, fallen merchandise, and similar hazards. Under this statute, you must prove:
- A dangerous condition existed on the property
- The dangerous condition caused your fall and injuries
- The property owner had knowledge of the condition — either:
- Actual knowledge: They knew about the hazard and failed to address it, OR
- Constructive knowledge: The hazard existed long enough that a reasonable inspection would have discovered it, OR they created the condition
This “knowledge” requirement is where most slip and fall cases are won or lost. Property owners and their insurers routinely argue they had no knowledge of the hazard — that it appeared moments before your fall and they had no opportunity to discover or correct it.
Susan Brown knows this defense because she used to help build it. Now she defeats it by demanding inspection logs, surveillance footage, employee statements, and prior incident reports that prove the property owner knew — or should have known — about the danger.
The 24-72 Hour Evidence Window
CRITICAL
Most businesses delete surveillance footage within 24-72 hours. If that footage shows how long the hazard existed before your fall — or shows employees walking past without addressing it — that evidence is devastating to the property owner’s defense. But only if it is preserved.
We send preservation letters immediately upon retention. If footage that should exist has been destroyed, we pursue spoliation arguments — asking the court to draw negative inferences against the property owner for destroying evidence.
Common Slip and Fall Locations in Fort Myers and Lee County
Fort Myers and Lee County’s tourism economy, shopping centers, and retirement communities create countless opportunities for premises injuries:
Retail stores and shopping centers — Edison Mall, Bell Tower Shops, Coconut Point (Estero), Miromar Outlets, Gulf Coast Town Center, big-box retailers, grocery stores
Hotels and resorts — Pool areas, lobbies, restaurants, parking structures, beach access points
Restaurants and bars — Kitchen spills tracked into dining areas, restroom hazards, outdoor patio surfaces
Grocery stores — Produce sections, freezer aisles, checkout areas
Parking lots and garages — Uneven surfaces, poor lighting, oil slicks, debris
Medical facilities — Hospitals, clinics, assisted living facilities (Lee County has a significant senior population)
Entertainment venues — Bars, nightclubs, theaters, sports facilities
Beaches and waterfront areas — Uneven walkways, wet surfaces, poorly maintained access points
Types of Slip and Fall Injuries
The injuries we see in Fort Myers slip and fall cases are often severe:
- Broken bones — hip fractures, wrist fractures, ankle fractures (especially in older adults)
- Traumatic brain injuries — from striking your head on the floor or fixtures
- Spinal cord injuries — herniated discs, compression fractures, nerve damage
- Knee and shoulder injuries — torn ligaments, rotator cuff tears
- Chronic pain conditions — that persist long after the initial injury heals
Lee County’s significant senior population means hip fractures and other fall-related injuries are particularly common — and particularly devastating for older adults.
What to Do After a Slip and Fall in Fort Myers
- Report the incident — Notify a manager or employee immediately and insist on a written incident report
- Photograph everything — The hazard that caused your fall, your injuries, the surrounding area, any warning signs (or lack thereof)
- Get witness information — Names and phone numbers of anyone who saw the fall
- Seek medical attention — Even if you feel okay, some injuries take hours or days to manifest
- Do NOT give recorded statements — The property owner’s insurer will contact you. Decline until you have an attorney.
- Contact Florida Advocates immediately — We send preservation letters the same day to prevent footage destruction
Fort Myers Slip and Fall Resources
Hospitals & Medical Centers
Lee Memorial Hospital
2776 Cleveland Avenue, Fort Myers, FL 33901
Phone: (239) 332-1111
Gulf Coast Medical Center (Level II Trauma Center)
13681 Doctor’s Way, Fort Myers, FL 33912
Phone: (239) 343-2000
HealthPark Medical Center
9981 HealthPark Circle, Fort Myers, FL 33908
Phone: (239) 343-2000
Courts
Lee County Justice Center
1700 Monroe Street, Fort Myers, FL 33901
Phone: (239) 533-2000
About Attorney Carlos D. Cabrera

Carlos D. Cabrera represents injury victims at Florida Advocates. Before representing injury victims, Carlos spent years defending insurance companies. That inside knowledge helps him understand how insurers evaluate claims and build defenses.
Education
- J.D. — St. Thomas University College of Law (2000)
- Managing Editor, St. Thomas Law Review
- B.A. English — Florida International University (1994)
Bar Admissions
- The Florida Bar
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
Credentials & Recognitions
- Million Dollar Advocates Forum Member
- Multi-Million Dollar Advocates Forum Member
- Florida Legal Elite Recognition
- Lead Counsel Verified (Appellate, since 2015)
- Former Insurance Defense Counsel
Insurance Insider Background
Worked as insurance defense counsel before law school. Recruited by a personal injury firm. Throughout his legal career has represented both insurance companies and injury victims — which gives him a perspective most personal injury Lawyers simply do not have.
Learn more about Carlos D. Cabrera →
Frequently Asked Questions
Under Florida Statute 768.0755, you must prove the property owner had actual or constructive knowledge of the dangerous condition. This means showing either that they knew about the hazard and failed to fix it, or that the hazard existed long enough that they should have discovered it through reasonable inspection procedures.
Most businesses delete surveillance footage within 24-72 hours. If footage that should exist has been destroyed, we can argue spoliation of evidence — asking the court to draw negative inferences against the property owner. We send preservation letters immediately upon retention to prevent this.
Florida follows modified comparative negligence. You can recover damages as long as you were not more than 50% at fault. Your recovery is reduced by your percentage of fault.
Florida’s statute of limitations for slip and fall cases is two years from the date of injury. However, evidence disappears quickly — surveillance footage may be deleted within days. Contact an attorney immediately.
Nothing unless we win. We handle slip and fall cases on a contingency fee basis.
Serving Slip and Fall Victims Throughout Lee County
Florida Advocates represents slip and fall victims in Fort Myers and throughout Lee County and Southwest Florida, including:
Cape Coral | Lehigh Acres | Bonita Springs | Naples | Estero | Sanibel Island
Contact a Fort Myers Slip and Fall Lawyer
If you were injured in a slip and fall at a Fort Myers business, contact Florida Advocates today. Time is critical — surveillance footage may be deleted within 24-72 hours.
Call: 754-290-3803
Email: info@fladvocates.com
Call us for a free consultation. You pay nothing unless we recover for you. After all, isn’t that what family would do?
Related Fort Myers Practice Areas
- Fort Myers Personal Injury Hub
- Fort Myers Premises Liability Lawyer
- Slip and Fall Lawyer (Statewide)







