The shoes of the slip and fall victim are very important to a San Diego slip and fall accident case. In my injury law practice, I always ask my slip and fall clients to save their shoes in a
plastic bag as a reminder to my client not to wear the shoes in question to preserve them as evidence in case we need them for the following reasons:
1. Retained expert inspection and review; sometimes, I will retain an expert to examine my client's shoes to see if anything was wrong with them that may have attributed to my client falling and injuring themself;
2. In case the claim moves into litigation and we go to trial, the shoes will be evidence for the jury to see;
3. Saving the shoes safely helps preserve them, as evidenced by the two important reasons above.
Again, I cannot stress enough the importance of the slip and fall victim's shoes because your attorney will or may have an expert retained on the injury case to examine, inspect, or test the shoes. The reason for the expert inspection is two-fold: to see if any cause of the slip and fall accident may be attributed to the design or shape of the shoes, and if so, if there is a design defect, then to establish a possible basis for a product defect claim against the shoe manufacturer or retail store that sold the shoes (or both). Yes, as funny as it may seem, a good slip and fall injury lawyer will keep in the back of their mind the potential for a product defect lawsuit in case the shoes are attributed to the fall injury. In fact, in almost every case, a good slip and fall injury lawyer will "assume" a possible defect to the shoe until it is ruled out through expert examination.
Remember, all shoes and shoe brands "are not created equally." Sometimes, shoes will have features that make them extra slippery. For example, the heel or sole has a texture or is made of a certain substance that makes it more slippery than other shoes, especially when used on specific floor surfaces. I have focused on these new "shape-up" shoes recently emerging as a workout fad. I have noticed that other manufacturers besides Reebok and Sketchers are now making this shoe product. I have read medical reports that it can throw off a person's gait or walking pattern, even causing injury to the Achilles tendon, no less! This can be especially problematic for older people with more trouble getting around. The last thing they need is a tennis shoe that either causes them injury while walking or throws off their normal walking gait. A person should be very mindful of the shoes they wear and their potential on certain surfaces. Since I am a lawyer, I am usually in a suit with dress shoes, and I have noticed certain dress shoes have more slip potential than others, especially on certain surfaces. So I, too, must be mindful of my shoes. This same mindfulness needs to be stressed to the everyday consumer, so I am writing this article.
The slip potential of any given shoe or shoe brand can be hazardous regardless of the surface, too. As indicated above, every slip and fall injury case should be evaluated as a potential product defect claim against the manufacturer until that theory of liability is ruled out by an expert. This article is not intended to make you think every shoe is hazardous either; I can tell you, based on what I have read and researched, that most shoes are not defective. Look for anything associated with a slip and fall injury when looking at shoes, and you should be just fine.