When a party is being held liable for a slip and fall injury case, the defense lawyers will look for every possible way to discredit the person who was injured and hold them at fault for the injury. These lawyers will often scrutinize the time of the day, the location, and all of the available camera footage. The details even include the shoes you wear on your feet.
Shoes may not seem like the most important factor in a slip and fall case, but they can impact the case in many ways. Learn exactly why shoes matter, how they can impact the case, and what you should do with footwear if you’ve been injured in a slip and fall case and seek legal help.
One of the biggest details both sides of a case will look at is the condition of the shoes. Even if a floor is unsuitable for walking, the chances of slipping could have decreased with the use of proper footwear. If you have relatively new shoes with good grips, then clearly shoes are not the problem. The key is proof in the courts.
As soon as possible, you should capture detailed images of the shoes you wore during the slip and fall incident. If possible, bag up the shoes and give them to the lawyer for evidence. This may not always be an option depending on your budget and how many shoes you own, but consider the option.
If the defense tries to present doubts about the shoe condition, the evidence will help eliminate those issues instantly and add more credibility to the injury case. The age of the shoe could also help. For example, you may have purchased the shoe recently and have a receipt. A receipt can prove the shoes were newer and likely had optimal grip.
The elimination of the shoe as a factor for a slip and fall case will help put the focus on the conditions of the area you were in when the fall occurred.
If the incident occurred at your place of employment, then your employee uniform could be an impact if you hold the company liable for your injuries. For example, an employer may issue work shoes for everyone at the company. The quality of the shoe could have been a factor in the slip and fall case.
If the supplied shoes are not safe enough and prevent slips, then you may have more evidence to ensure the case moves forward. In some cases, a company may issue shoes when you first start but wait too long to issue replacement pairs. A personal injury attorney will look into the details and help build up extra evidence for the case.
Besides traditional tennis shoes or sneakers, a defense attorney may put the slip and blame on alternate forms of shoes. For example, you could have fallen in a pair of high heels, cowboy boots, or sandals. While all perfectly fine forms of footwear, a defense could point to the increased danger of a fall.
The data could turn into a form of victim-blaming. However, there are ways to combat the data. If you have spent years wearing alternate forms of footwear, then you could provide evidence to showcase your experience. For example, you could show pictures from the past where you’ve worn high heels or cowboy boots.
Older receipts can showcase a pattern of footwear purchases. Witness statements can verify how often you wear certain shoe styles. Each piece of the puzzle will add credibility to the case and help your injury claim move forward.
A Lack of Shoes
One area where you may run into a little trouble is with a lack of footwear. For example, if you entered a business with just socks or barefoot, then a defense could try to put the fault on you. When you enter a property, shoes are typically expected unless it’s a specific location like an indoor pool.
The old shop policy “No shirt, no shoes, no service” is often used, but there are no laws in the United States about entering a business with bare feet. Bare feet are not an automatic dismissal of your case. Experience personal injury lawyers will look into all of the factors and see if footwear could have even prevented a fall.
For example, you may not have broken toes if you wore shoes, but falling and breaking your collarbone does not have an impact — whether you have shoes or not. The details of the injuries matter and the surrounding circumstances.
For more information on personal injuries and slip and fall incidents, contact us at Garrison Law Firm. We represent the Arizona area and can help you move forward with any injury claims you have. Along with shoe evidence, we will look at all of the details in your case and determine the best way to move forward and seek a settlement.