Are You at Fault Because You Were Wearing High Heels when You Fell?
April 9, 2015
You were dressed up at work in a skirt and heels that were four to five inches high. You walk into the bathroom and the floor is like an ice skating rink. The next thing you feel is intense pain in your backside and you’re on the floor.
You bring a claim against the owner of the building for your injuries, and the building’s insurance company’s lawyer argues that you are responsible for the fall because you are wearing high heels, and because you were wearing high heels, you put yourself at risk of falling.
The case goes to trial before a judge instead of a jury, and the insurance company lawyer makes the following argument:
When you’re talking about a four to five inch heel, there is almost an assumption of the risk. People fall wearing those kinds of heels. And the way she described her fall is consistent with a woman wearing extremely high heels. Further, there was another co-worker who walked into the bathroom with flat shoes and she didn’t fall.
The judge agrees with the insurance company’s lawyer and finds that you are 50% at fault for the accident. This means that the amount of money that you are entitled to is cut in half. You meet with your lawyer and you decide to appeal the ruling to a higher court. This is exactly what a woman did and the Fifth District Court of Appeal did not agree with the trial judge. Specifically, the appellate court said there was not enough evidence to prove that the injured woman created a dangerous condition by wearing high-heels to work.
The lesson that we all have to learn in these cases is that Florida slip and fall cases are very fact dependent. If you’ve been injured in a Florida slip and fall, it’s very important to gather all the facts as soon as possible, otherwise it can be much more difficult to be successful. If you have any questions about a Leesburg Florida slip and fall, you can give me a call at 352-267-9168.