The Role of Footwear in Slip and Fall Accidents: Legal Implications

Slip and fall accidents can be caused by factors like defective footwear and poorly managed walkways. If you or a loved one has been involved in a slip and fall incident and injured due to the negligence of a third party, you may qualify for compensation. An experienced trip and fall lawyer will assess your case and help you fight for the compensation you are entitled to. Here is more information about the legal implications of footwear in slip and fall cases:    

Footwear and Accident Liability

trip and fall lawyer will assess the accident site, medical reports, and your shoes to determine liability. Taking pictures of the scene immediately after the incident helps your lawyer understand the property’s conditions. If you were wearing good-quality, weather-appropriate footwear, and the property owner’s negligence caused the accident, it is still wise to document your footwear. Photo evidence protects you from counterclaims and investigations the liable party might make into your footwear to disprove your case.

Footwear with poor construction and other manufacturing defects can cause changes in the wearer’s gait, leading to falls. The wearer may slip or trip if the soles are slick or unstable, regardless of the surrounding environmental conditions. A lawyer will assess the shape and design of the shoes to determine the presence of any hazards. They may also hire a professional to evaluate the condition of the shoes to confirm whether they caused the accident. If the shoes you were wearing caused the accident, take photos from multiple angles and store them safely to provide proof of the defects and damage. The footwear company may be responsible for the incident, and your lawyer can file a product defect claim against the shoe manufacturer. Our team will evaluate the details of your accident to determine who is liable and whether you can seek compensation.

Potential Legal Actions

After your accident, work with an experienced lawyer to create a claim that covers your resulting expenses. These expenses may include medical bills for surgery, physical therapy, and ongoing treatment. They also include lost wages and emotional and mental damages that have affected your well-being. The liable party’s insurance company may try to provide a lower settlement than the accident victim deserves. If this occurs, your lawyer will negotiate with the insurer to reach an agreement that works for both parties. If the insurer refuses to settle after the negotiations, your lawyer can take your claim to court. Philly Slip and Fall Guys can settle claims outside of court, but we are prepared to defend our clients if the case goes to trial.

Two case types for slip and fall accidents include premises liability and product defect cases. If your accident was caused by a combination of unsafe property and footwear, premises liability laws protect your rights. These laws require property owners to maintain their property in a way that prioritizes the health and safety of visitors. Some unsafe conditions that create hazards include cracked or damaged sidewalks, icy or snow-covered walkways, and product spills. If your shoes are determined to be a hazard, a product defect case holds the manufacturer responsible for creating dangerous footwear. Even if the manufacturer intended to create quality shoes, they may be liable for injuries caused by unknown design flaws. 

Consult with an Experienced Trip and Fall Lawyer 

Philly Slip and Fall Guys has over 30 years of experience fighting for slip and trip accident victims throughout Philadelphia County. Our knowledge and experience in personal law injury can help you settle your claim. If you experience an accident or injury on public property, don’t hesitate to call us. Contact us today with your accident details for a free consultation.