Slip and falls can happen anywhere—on wet floors, broken pavement, icy sidewalks, and areas with poor lighting. While environmental factors can play a part in a fall, footwear can also be a contributing factor. In fact, the shoes you wear can directly impact your stability, traction, and balance. Balance, and some shoes can put you at an increased risk of falling.
At Peterson Law Firm, our Kansas City premises liability lawyers understand that slip and fall accidents often lead to severe injuries, and you have the right to fair compensation for damages. We know there are many factors that can influence the outcome of a slip-and-fall claim—but one that may be most surprising to accident victims is the type of shoes they wore at the time of the fall. Here, our injury lawyers discuss how shoes can affect the outcome of a slip and fall claim and how Kansas City comparative fault laws apply.
What’s on Your Feet: Footwear Can Impact Your Slip and Fall Claim
When you pursue compensation for a slip and fall injury, the property owner's insurance company will look for any reason to minimize its liability. They want to pay you as little as possible, and one tactic they’ll use is to argue that your footwear contributed to the accident. Here are some shoe types that may factor into your case:
Dress Shoes, High Heels, and Stilettos
Stilettos and other dress shoes with smooth soles can make it challenging to maintain your footing on certain surfaces. The insurance company for the property owner might claim that you assumed the risk of a slip and fall by wearing inappropriate, unsuitable, or impractical footwear. Maybe you had to navigate a long set of stairs, and you were in stilettos, or maybe you wore the heels through a snowy, icy parking lot to get to a building. The insurance company could argue that the shoes were inappropriate for the conditions, and you should have known not to wear them. However, if the property owner's negligence created an unreasonable hazard, you shouldn't be barred from obtaining compensation.
Sandals, Flip-Flops, and Crocs
Flip-flops, open-back shoes, Crocs, and sandals are popular choices for their convenience and comfort, especially during the summer. However, these styles don’t offer much support, stability, and traction when you’re walking, especially if you’re on slick surfaces. Insurance adjusters may argue that wearing these types of shoes in public places is inherently dangerous, and you should have known better than to wear them in potentially hazardous conditions. For example, you may have on flimsy flip-flops while walking through a shower room or on a slippery floor near a pool. However, if the property owner failed to maintain a safe environment or warn you of the slippery floor, you may still have a valid claim.
Athletic Shoes and Work Boots
It doesn’t seem that athletic shoes or sneakers could cause a slip and fall, but the soles of these shoes often wear out due to excessive use. When the tread is worn down, it’s like worn-out tread on a tire. On a slippery road, the tire can’t grip the surface. When you wear shoes that aren’t slip-resistant, you can’t always prevent a fall; however, if the floor wasn’t maintained appropriately, you may have an argument that the property owner’s negligence caused your injury, not your footwear.
Because the soles on work boots can be thick with heavy tread, it’s possible for them to accumulate mud, dirt, stones, or other substances that cause the boot to lose its grip. If you don’t have slip-resistant rubber soles for wet areas or specialized thermal soles for cold conditions, you can be at risk for a fall. Additionally, cuts, cracks, or separation of sole parts from the boot can significantly compromise stability and traction.
Your Premises Liability Claim: How to Prove Negligence
To win a premises liability case, you need to prove the property owner was negligent and that negligence led to your injury. You’ll need to show the following:
- A dangerous condition existed on the property
- The owner knew or should have known about the hazard
- They failed to fix the issue or provide adequate warning
- You suffered injuries as a result
Gathering the Right Evidence
Our Kansas City injury lawyers can help gather critical evidence to support your claim, including the following:
- Photos of the accident area. Taking pictures of the stairway, snowy walk, or other area that caused the fall can be crucial to your case.
- Witness statements. Talking to anyone who may have seen you fall is important. We will work to get their contact information sooner rather than later, before the memory of the accident fades.
- Surveillance footage. Our injury lawyers can help obtain any available video footage of the fall. It’s important to get this footage quickly before it’s erased or destroyed.
- Property maintenance records. Part of a successful claim can depend on whether the property area that caused the fall was maintained and how often.
- Your medical records and bills. Documentation from your doctor about your injuries and symptoms can help build a successful case.
Arguments of Comparative Fault
Under Missouri's comparative fault law, your compensation can be reduced by your percentage of blame for the accident. So, if a jury finds you 30% at fault for wearing inappropriate footwear, your damages would be reduced by 30%. However, you can still recover compensation as long as you're not found more than 50% responsible. Our skilled legal team can help challenge allegations of comparative fault by:
- Focusing on the severity of the hazard that caused your fall
- Demonstrating the property owner's failure to address known risks that caused the fall
- Showing that your footwear was appropriate for the circumstances