Should you Accept the Insurance Company's First Offer?

Are you at fault because you were wearing high heels when you fell?

Posted by Guy DiMartino | Apr 09, 2015 | 0 Comments

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.

Photo Attribution: Image courtesy of Boaz Yiftach at

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

What makes me Unique?

What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

We are Partners

If you are my client, we are partners in your road to recovery. You will always have direct access to me to have your questions answered.

Copyright © 2017 Guy S. DiMartino DC, JD, PA

Areas That We Serve: Hammond, IN | Highland , IN | St. John, IN | Schererville, IN | Griffith, IN | Merrillville, IN | Hobart, IN | Portage, IN | Burns Harbor, IN | Ogden Dunes, IN | Gary, IN | South Haven, IN | Valparaiso, IN | Kouts, IN | Knox, IN | Hebron, IN | DeMotte, IN | Cedar Lake, IN | Crown Point, IN | Dyer, IN | Lowell, IN | Michigan City, IN | LaPorte, IN | Wanatah, IN | Westville, IN | Winamac, IN | South Bend, IN | Plymouth, IN | Elkhart, IN | Whiting, IN | Rolling Prairie, IN