Can an insurance company deny my slip and fall claim based on the footwear I was wearing?

An insurance company cannot automatically deny your slip and fall claim solely because of your footwear, though adjusters frequently argue that high heels, sandals, or smooth soles caused the accident. Under Florida's modified comparative fault statute (Fla. Stat. § 768.81), an insurer may assert your footwear contributed to your injuries to reduce compensation. However, business owners still hold a non-delegable duty to maintain safe walking surfaces. Jeffrey S. Altman and The Altman Law Firm examine whether a dangerous property condition was the true cause of your injury, effectively countering attempts by insurance carriers to shift legal blame onto your choice of shoes.