The shoes that you were wearing at the time of a fall may affect the value of a slip and fall case. This article focuses on how wearing flip-flops (sandals) affects the value of a slip and fall claim.
Wearing Flip-Flops Lowers the Value of a Slip and Fall Case
All things equal, judges are more likely to dismiss a case where the claimant was wearing flip-flops. However, I have still settled many cases for fair value where my client was wearing flip-flops.
When a judge dismisses a slip and fall case, and he mentions the victims’ flip flops or heels, he does so because he believes they may have caused or contributed to the fall.
Take Photos of Your Flip-Flops After the Fall
Below are a few pictures that I took of sandals. The injured person should take similar pictures in a slip and fall case.
He or she may also want to use a whiteboard. It should have the date on it. The dated whiteboard should be placed next to the shoes so that it appears in the picture.
Injured people should show the adjuster that they are prepared. It may increase the insurer’s valuation of the case.
The pictures of the sandals below were taken from seven angles. It only takes a few minutes to take these pictures. It is worth it. Every angle shows a different part of the shoe.
Shopper Gets Over $70,000 Settlement; Was Wearing Flip-Flops
I shopper slipped and fell at a store in Miami, Florida. She was wearing sandals when she fell.
I represented her, and made a personal injury claim for her. The store paid over $70,000 to settle the case.
Norwegian Cruise Line’s Security Personnel Will Note The Age of Your Flip Flops and Soles
In Johnson v. NCL (Bahamas) LTD., Dist. Court, SD Florida 2017, Ronna Johnson was a passenger aboard Norwegian’s cruise ship, the Norwegian Gateway, in October 2015. This isn’t my case.
She sued Norwegian for her slip and fall. At the time of her fall, she was wearing flip flops she had owned and worn approximately every day for the previous six months or year.
Security personnel noted her flip flops were old and the soles were worn.
NCL claimed that she was the cause of her fall. The passenger asked the court to conclude that she wasn’t at fault for falling.
The court denied the passenger’s request.
It said that whether the soles of Ronna’s flip flops were worn and whether that condition contributed to her fall must be decided by a jury.
Judge Implies Flip-Flops Caused a Passenger to Slip
In Weiner v. Carnival Cruise Lines, No. 11-CV-22516, 2012 WL 5199604 (S.D. Fla. Oct. 22, 2012), the court said that “On or about August 16, 2010, Weiner and his wife were taking a walk along the promenade deck of the Valor, near the Java Cafe coffee shop, when Weiner, who was wearing flip-flops, slipped but did not fall.”
Weiner sued Carnival for her injuries.
I believe the judge was implying that her wearing flip-flops may have been the cause of her fall. The value of a injury case is reduced by the passenger’s percentage of fault.
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