Footwear and Slip-and-Fall Liability: Can Your Shoes Affect Your Claim?

Philadelphia slip and fall lawyer, Anthony C. Gagliano, III, Esquire, P.C., understands that slip and fall accidents often have severe consequences. Significant injuries, lost wages and medical bills can all change your life for the worse. Outside factors like inadequate warning signs, poor lighting and wet surfaces lead to their fair share of slip and falls. However, there is one factor that the slip and fall accident victim can contribute to directly and perhaps prevent you from recovering compensation. 

We are talking about your choice in footwear. Different types of footwear- shoes, boots, sandals- can impact how well you can balance and grip the floor. The less stable you are, the more likely you are to slip, fall and injure yourself. As the footwear you have on has the potential to impact whether you can collect damages for your injuries it is something worth paying attention to when determining if you should pursue a premises liability case. 

Understanding the Role of Footwear in a Slip and Fall 

The type of footwear you choose to wear on a given day can have a major impact on your likelihood of becoming injured in a slip and fall accident. The simple truth is that your footwear is the only part of your body in constant contact with the floor. 

Think of your footwear like the tires on a vehicle. The health of your tires matters when it comes to your likelihood of becoming involved in an auto accident. Likewise, the type of footwear you have on when you approach a hazard matters just as much. 

If your footwear lacks sufficient traction, support or stability you are much more likely to be injured in a slip and fall accident. In a best case scenario, if you had on shoes with good traction and outstanding stability you may be able to regain your balance after slipping. When your footwear lacks stability and grips the floor poorly you are more than likely going to lose your footing when encountering a hazard. 

How Liability is Determined in Philadelphia Slip and Fall Cases 

Business owners, homeowners, and municipalities have a duty under Pennsylvania law to maintain safe premises for guests, employees, and others. A slip and fall case is classified as a premises liability case. In a slip and fall, you would try to argue that the business owner or municipality had a duty to maintain a safe property. 

The flip side of this argument is that a defendant has the ability to try to argue that some action you took (or failed to take) contributed to you being injured. This is known as comparative negligence. Depending upon the percentage you contributed to having caused your injuries, you may not be able to receive compensation from the property owner after filing a claim or lawsuit. 

First, consider that if you were wearing inappropriate footwear for a particular activity.  If not, then you may have difficulty proving that the property owner or municipality was the primary contributor to your being injured. Did you wear flip flops when you tried to enter the skating rink to chase after your son or daughter? What other choice did you have for footwear that day? Discussing these factors with an experienced Philadelphia slip and fall lawyer can go a long way towards determining liability and the strength of your case overall. 

Safety Considerations for Your Choice of Footwear 

There are steps that you can take as an individual to decrease the likelihood of suffering a slip and fall. Determining your own willingness to follow through with these precautions goes a long way towards reducing your chances of suffering a serious injury from a fall. 

Make sure that you are wearing footwear that is appropriate for the activity you are engaging in. For example, flip flops are great for an afternoon by the pool or a day at the beach. On the other hand, walking through a large retailer with slick tile floors makes sandals dangerous. The same can be said for other “specialty” footwear, such as high heels and platform shoes. 

On the whole, it pays to inspect your footwear before leaving your home each day. Smooth soles mean that your shoes are well-worn and unable to grip the walking surface you find yourself on. A smooth sole of your shoes combined with uneven or slick walking surfaces creates a hazardous condition. Instead, choose to wear closed-toe shoes, which are better suited to grip walking surfaces and stabilize your feet and ankles. 

Make Sense of Your Case By Calling a Philadelphia Slip and Fall Attorney

Concerned that your choice of footwear played a role in your slip and fall accident? Anthony C. Gagliano, III, Esquire, P.C., provides each of his clients with a plan that is well thought out and proactive. 

When you have been injured in a slip and fall accident, you don’t have a moment to spare. The slower you are to assert your rights, the more likely a business owner or their insurance company will try to minimize their role in having caused your injuries. Stand up for yourself and push forward with a lawyer who has your back. 

Anthony C. Gagliano, III, Esquire, P.C., advocates for his clients- both inside and outside the courtroom. Free consultations are available by contacting our office today.