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Whether a slip and fall occurs due to snow and ice, liquid on a floor or other debris in a walkway, preserving the injury victim's footwear may be key to a successful recovery. It is common for the person who causes a slip and fall injury to claim that the injury victim's footwear (such as boots, shoes, sneakers, slippers, etc.) as the sole or part cause for the injuries. In order to protect against the defendant's claims, it is important that the footwear is preserved immediately after the accident and stored safely to ensure that the evidence is preserved if needed for trial. Some injury victims continue to wear the footwear after the incident which results in the shoes becoming worn down and not in the same condition as at the time of the incident. This may result in a lower settlement/recovery and, in some cases, no settlement/recovery.
If you have any questions regarding a slip and fall accident, please contact an attorney at Hamblett & Kerrigan.