Creativity is required when you need to present evidence that supports your case.
I usually advise clients to save their shoes in a trip and fall case because quite often a defendant will infer that a worn out shoe, a broken heel, or worn out sole was the cause of a plaintiff’s fall. The saved show usually refutes such defenses when presented (because most people wear shoes that are in good condition).
In one recent case, my client was instructed to save her shoes that were worn when she tripped and fell in pothole located in a parking lot. The shoes were in fine condition (and in fact, the defendant never requested to inspect them). However, i was able to compare the shoe next to the pothole where she fell to give context to the size of the defect. It was helpful to prove the dimensions of the defect (as well as to show that such a defect could easily cause a person’s foot to become tangled, causing a person to fall).
Our expert witness was able to evaluate the case using the shoe as a measurement, etc. In this case, “The Shoe Fit…” and we won the case!