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Legal Help For Maritime And Motor Vehicle Accidents
Legal Help For Maritime And Motor Vehicle Accidents
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Can shoes be to blame for a slip and fall?

On Behalf of | Jul 16, 2022 | Injuries |

If you suffer from a slip and fall accident, one-way insurance companies attempt to avoid liability is by blaming the shoes you wore. The case of Bongiorno v. Americorp is a well-known example. The defendant tried to blame the plaintiff’s high-heel shoes for their fall.

In that case, the court rejected Americorp’s appeal. However, you might not be so lucky if you make a mistake during the discovery process.

Save the shoes you wore

After you suffer from a slip and fall, you should put the shoes you wore in a bag. Do not wear the shoes again until the lawsuit resolves. If your shoes do not show any defects, your case for premises liability improves. However, the court might dismiss your claim if you wore inappropriate shoes for the climate or circumstances. It is not enough to prove some negligence on the property owner’s part. To win damages, the courts must find the property owner to own more than 50 percent of the negligence which caused your accident. Wearing the wrong shoes might decrease their liability, even if their floors did not meet safety requirements.

Document the accident

Documentation becomes even more critical if you wore defective, old or worn-out shoes during your accident. Take pictures of the space where you fell and note if they had appropriate warnings for slippery surfaces. Just because you wore shoes that contributed to the accident does not mean the property owner has zero negligence.

Most people do not think about their footwear after a nasty fall. However, the property owner will likely use that as their first defense. Keep this in mind while you prepare to file for damages.