As temperatures rise, so does the popularity of sandals, slides, and flip-flops in retail, hospitality, and entertainment environments. While these seasonal footwear choices are often associated with casual comfort, they also come with a higher risk of slips, trips, and falls. But when someone is injured, does their choice of footwear reduce the property owner’s responsibility?
It’s a common defense tactic: blame the shoes. And it’s true—certain types of footwear, like flip-flops, high heels, or worn-out soles, can contribute to instability. However, in premises liability law, footwear is just one factor. Property owners and business operators still have a legal duty to maintain reasonably safe walking surfaces for all types of visitors, including those in seasonal footwear.
Slippery tile, untreated polished concrete, recently mopped floors without warning signs, and wet poolside walkways are all high-risk areas regardless of what a person is wearing on their feet. Even the most cautious pedestrian can lose traction when a surface fails to meet the standard of care. That’s where expert analysis becomes crucial.
A retail or premises safety expert witness can help injury law firms determine whether the surface in question was safe under normal, expected conditions. Experts evaluate surface materials for their slip resistance (often measured using the coefficient of friction), the presence or absence of non-slip treatments, and the visibility of any warning signage. They also examine cleaning protocols, maintenance schedules, and whether anti-slip mats or traction aids were used in high-risk areas.
In many commercial environments—like grocery stores, boutiques, hotel lobbies, and spa areas—it is foreseeable that guests will wear casual or open footwear. That foreseeability matters. If it’s common for patrons to wear flip-flops to a poolside bar or casual summer shoe styles to a beachfront restaurant, then the property must take that into account in their hazard mitigation planning.
Footwear may play a role in contributing to an injury, but it rarely absolves the property owner of liability on its own. When a surface is unreasonably slippery, uneven, or poorly maintained, the responsibility lies with those who manage and control the space.
For injury attorneys, understanding the balance of responsibility between footwear and floor hazards is essential. A detailed investigation—supported by expert testimony—can help refocus the narrative away from blaming the victim’s choice of shoes and back to the conditions that caused the accident.
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