When you’ve been injured in a slip, trip, or fall, your first instinct is probably to focus on medical care—not your shoes. But what you were wearing on your feet at the time of the incident can become crucial evidence if you decide to pursue a personal injury claim.
Many people don’t realize how important it is to preserve the shoes they were wearing during the accident. In fact, throwing them away or continuing to wear them regularly could harm your case. Here’s why saving your shoes matters and how they can support your slip-and-fall claim.
Why Footwear Matters in Slip and Fall Claims
In a personal injury case, you must prove that the property owner was negligent—and that their negligence caused your injuries. Often, the defense will try to argue that your footwear contributed to the fall. They might claim that your shoes were inappropriate for the conditions or that the fall was caused by your own actions rather than a hazardous environment.
By preserving your shoes, you protect yourself against this type of argument. Your shoes can provide:
- Evidence of wear and condition: If your shoes were in good shape and had proper tread, they could show that they weren’t to blame for the fall.
- Material evidence: The soles of your shoes may contain residues from the scene—such as grease, cleaning fluids, or other substances—that help establish what caused your slip.
- Proof against comparative fault claims: If your shoes were appropriate for the weather or surface (e.g., non-slip work shoes in a commercial kitchen), it supports your claim that the fall wasn’t your fault.
What Should You Do With the Shoes?
If you’ve been in a slip-and-fall accident, follow these steps when it comes to your footwear:
- Do not clean them. Leave any dirt, liquids, or other materials on the shoes untouched. Cleaning them could destroy important evidence.
- Stop wearing them. Continued use can wear down treads or remove traces of the surface where the fall occurred.
- Store them safely. Place them in a sealed bag or box and keep them in a secure location. Label the container with the date of the incident.
- Photograph them. Take clear pictures of the soles, sides, and top of the shoes. These images can be helpful for your attorney and insurance claims.
- Inform your lawyer. Let your attorney know you’ve preserved the shoes so they can use them as part of your case.
How Shoes Can Be Used as Evidence
Your attorney may work with expert witnesses, such as safety specialists, to examine the shoes and the conditions of the fall. These professionals can assess whether the shoes contributed to the incident or whether environmental hazards—like a wet floor with no warning signs—were the true cause.
The goal is to demonstrate that the property owner failed in their duty to maintain a safe environment and that this failure led directly to your injuries.
Don’t Risk Your Case—Protect Your Evidence
Slip and fall cases can be complex, and the smallest details may make the biggest difference. Something as simple as saving your shoes can become a key factor in whether you receive fair compensation for your injuries, medical bills, and lost wages.
If you’ve been injured in a slip, trip, or fall, speak with an experienced personal injury attorney as soon as possible. A lawyer can help you preserve evidence, understand your rights, and build the strongest case possible.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Jaeson continued his studies at Florida State University College of Law, graduating with a Juris Doctorate in 2011. Throughout his law school career, Jaeson regularly volunteered his time at Florida Legal Services, where he assisted with several projects aimed at advancing the rights of low-income families in Florida. Jaeson has recovered millions of dollars from individuals for his clients. For his efforts, Jaeson was inducted in 2016 into the Multi-Million Dollar Advocates Forum. At the time of his induction, he was one of the youngest attorneys in the State of Florida to be inducted.
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