Footwear can play an important role in slip and fall lawsuits. Florida’s liability system is based on comparative negligence, which means a jury can reduce an award by the extent the victim is deemed responsible for causing their injuries.
While wearing certain types of footwear does not automatically make someone negligent, the defendant in a slip and fall case could request the shoes later as evidence with the expectation that they have been preserved since the time of the accident. Shoes may be tested for slip resistance in cases of serious injuries. As a result, victims should keep the footwear that was worn at the time of the accident.
A number of factors may be considered in such lawsuits, including when and where the shoes were bought, how old they are and how worn out the soles are. The type of shoes may also be taken into account — whether they are flip flops, high heels or boots.
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Because slip and fall lawsuits can take a long time to resolve, the victim may forget what shoes were worn at the time of the accident or where they are located. As a result, they can appear to be hiding something, which can have an adverse effect on the value of the case.
An individual who has suffered a slip and fall accident can preserve their footwear by storing it in a container or sealed plastic bag. The shoes may contain evidence of a dangerous condition that could have contributed to the fall, such as grease or a slippery liquid.
It is also useful to take photos of the shoes for future reference in case they are damaged, stolen or lost. Make sure to photograph the various parts of the footwear from different angles.
It is important to note that determining fault can be more complicated than it might seem. If you were injured and you believe someone else is fully or partially to blame, contact Chalik & Chalik to learn more about your rights.
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