High Heels Are Not to Blame – Slip and Fall Attorney –

“I kid you, not. A slip and fall attorney for the defense claimed the woman assumed the risk of injury by wearing high heels.”

 

Slip and Fall cases are defended by insurance company lawyers who are skilled at having cases dismissed. In what is sure to be heralded as one of the more ridiculous-sounding legal precedents of our time, structurally precarious footwear and the people who wear them are not at fault for damages therein incurred. The legal ramifications of this earth-shattering choice are currently unknown, but the immediate emotional response from this legal expert is one of unbridled and visceral laughter.

High-heel shoes can Make you Rich

 

Slip and Fall Attorney - High Heel

Appellate Court Opinion – High Heel Not To Blame

I kid you, not. A slip and fall attorney for the defense claimed the woman assumed the risk of injury by wearing high heels. A lady in high heels sued the owner of a slippery floor also known as Premises Liability. If someone has a slip and fall on slippery floor, the floor owner can be found negligent. A creative defense attorney claimed Comparative negligence, that the high-heeled girl was fifty percent comparatively negligent and therefore SHE was at fault for wearing five-inch high-heel shoes. Specifically the Court poo-pooed the argument that the lady was “negligent for her slip and fall injuries because she was wearing high heels at the time of the fall . . . .”

Here is what the Slip and Fall Defense Lawyer Says:

 

” I submit to the Court — and I had a ruler the other day — when you’re talking about a five — a four-to-five-inch heel, there is almost an assumption of risk in that”

Slip and Fall Appeals Court Says:

 

“[The lawyer] “failed to sustain [his] burden of proving that [the lady] created a foreseeable zone of risk by wearing high-heeled shoes to work . . . .”

My Ten-Year-Old daughter Says:

 

” That’s a silly case.”

My young daughter, a huge fan of fancy shoes asked me what I was reading. I told her about this case. She said, “That’s a silly case.” She is right, unless you happen to be the injured victim of a slippery floor and come across this defense. The defense can destroy otherwise valid claims by trying to blame the victim who has fallen on a slippery floor.

Typical Slip and Fall incidents include injuries that happen due to:

 

Slipping and Falling on slippery surfaces, such as icy or wet surfaces
Slips and Falls caused by carelessness in floor or walkway care
Slips and Falls caused by disregard of safety measures in hazardous areas
Slips and Falls caused by poor maintenance of property or failure to repair known hazards

Here is What a Jury Must Decide in a Slip and Fall case:

 

Florida Standard Jury Instruction 401.20 Issues on Plaintiff’s Claim Premises Liability

Slip and Fall Lawyer - High Heel Defense

Slip and Fall Lawyer – High Heel Defense

The [next] issues on (claimant’s) claim, for you to decide are:

a. Landowner or possessor’s negligence (toward invitee and invited licensee):

whether (defendant) [negligently failed to maintain the premises in a reasonably safe condition], [or] [negligently failed to correct a dangerous condition about which (defendant) either knew or should have known, by the use of reasonable care,] [or] *[negligently failed to warn (claimant) of a dangerous condition about which (defendant) had, or should have had, knowledge greater than that of (claimant)]; and, if so, whether such negligence was a legal cause of [loss] [injury] [or] [damage] to (claimant, decedent or person for whose injury claim is made).

You are losing Money by Not Wearing High-Heeled Shoes

 

Sources:

Slip and Fall Attorney Full Opinion on High Heel Defense

http://www.5dca.org/Opinions/Opin2015/032315/5D14-267.op.pdf

http://www.floridasupremecourt.org/civ_jury_instructions/2010/400/401(20).rtf

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