How Your Shoes Can Affect a Slip or Trip and Fall Case Settlement
A slip or trip and fall is often the reason people file claims in premises liability lawsuits. This accident may happen when the owner of a property does not wipe up a spill, does not place a sign to warn of a hazard, or fails to make a floor repair.
However, the defendant might question your degree of fault as well. This is important to note. That’s because California follows a rule of pure comparative negligence when making awards in tort damage claims. Therefore, a plaintiff’s settlement is based on each party’s level of fault. Even if you’re 99% to blame, you can still receive a small reward.
Explain Your Case to a Premises Liability Lawyer
That is why you need to fully discuss your case with a premises liability lawyer – someone who understands the tactics used by the other side in liability claims that involve slipping or tripping and falling.
For example, let’s say that you’re walking along and suddenly slip and fall on a floor that has just been waxed. In this instance, the defendant might try to reduce the burden on them by pointing at their footwear. Maybe you were wearing shoes with worn-out treads, which made it easier for you to slide and fall on the slick flooring.
If it can be proven that your fall was due to the floor as well as to the type of shoes you were wearing, you may receive a lower settlement. That’s why it’s important if you were wearing the appropriate footwear, that you preserve it for evidence.
Therefore, if you can prove what you were wearing did not cause you to slip or trip, you may possibly end up with a bigger settlement.
Wearing the Right Footwear
Your footwear should give you a stable footing while permitting you to walk easily and comfortably. Therefore, you should always make sure your soles have enough traction, whether you’re walking on wet or dry surfaces.
Reviewing the Footwear’s Design
In some cases, the design of the footwear may be defective. For example, “toning” shoes were once worn to support anyone working out who was attempting to tone their glutes or legs. However, because of the shoes’ design, they caused people to fall and hurt themselves.
In this type of case, the claim turns into a product liability claim where you would have to sue the shoe manufacturer.
Tread Depth
Tread depth may be factored in on some occasions. For example, even when shoes have a greater tread width and depth, they may or may not be helpful. Researchers, for instance, have discovered that treads that measure 6mm by 6mm do not prevent a person from slipping on surfaces without much friction.
Fast Food-Friendly Shoes and Flooring
In fast food restaurants, researchers found that employees who wore shoes that were made to specifically prevent slipping contributed to a reduction in slip and fall injuries. That you should steer clear of wearing athletic shoes (sneakers) or leather footwear (street shoes) with leather soles.
Also, flooring that was slip-resistant, or which had a greater coefficient of friction, made slip-and-falls less prevalent.
Keep Your Shoes as Evidence
It’s important to keep the shoes you were wearing as evidence, as you might be able to show that residue on the soles, for example, caused you to slip, or lose your grip on the floor. Even if your shoes are worn or old, you still might be able to show that the defendant was still primarily at fault, especially if they did not place a sign about a possible falling hazard.
Keep your footwear as evidence in case the defendant uses what you were wearing to play down their responsibility in a slip or trip falling case.
The Property Owner’s Obligations
Any property owner should have a plan in force where they place a warning sign or check on surfaces to ensure they are safe.
This means checking to make sure the floors have a sufficient amount of slip resistance and that everyone can easily avoid a slippery floor, for instance, where a spill has just occurred.
How Clothing Might Affect Your Claim
If you have a slip or trip and falling claim, the other side may also argue that the clothing you were wearing may have led to the fall.
For instance, even if your shoes have enough friction, you may have been wearing pants that slipped under your heel or caught onto the flooring. For example, maybe you were wearing pants that were longer and flared, making it easier to trip.
In addition, your pants may have got snagged and caught onto something that caused you to fall. In this case, you and the defendant may both be found to be at fault.
What to Do If You Slipped and Tripped and Fell and Injured Yourself
Below are some tips to remember if you happen to slip or trip and get injured.
- Preserve your shoes and clothing by placing them separately in sealed plastic bags. Leave them completely alone. Do not alter anything – keep them as they were immediately after the accident.
- Take pictures of your shoes and clothing from different angles.
- Record if grease or wax, or a similar substance, got onto your soles or clothing, which caused you to slip.
- Establish and record the heel height of your shoes.
- Determine if the shoes were proper for the environment.
- See if there are any possible defects in the shoe’s design or tread.
- Check the shoes’ signs of wear and tread.
- Take pictures of the injury site to show that your footwear or clothing had minimal roles in the cause of your accident.
- See a doctor the same day to ensure you’re alright and to have the needed evidence to prove you were injured.
Contact Jance M. Weberman to Discuss Your Slip and Trip or Fall Case Today
To ensure you receive a fair settlement for your slip or trip and fall case, you need to talk to a premises liability lawyer and personal injury advisor. Contact Jance M. Weberman at (213) 386-9100 or through our contact form, to schedule a consultation today.