Buffalo Slip and Fall Lawyers

Top Rated Slip and Fall Injury Attorneys in Buffalo, New York

When someone is injured on another person’s property, the legal term is “premises liability.” Most people know it as a “slip and fall” case. If you slip and fall due to a dangerous condition on someone else’s property, the property owner may be held responsible for your injuries.

Property owners have a duty to keep their property safe by eliminating any known dangers that exist on their property. Dangerous conditions that can cause a slip and fall accident include:

  • Icy parking surfaces or sidewalks
  • Broken or uneven sidewalks
  • Worn steps or broken/missing handrails
  • Inadequate lighting
  • Slippery substances on the floor
  • Loose carpeting
  • Uneven flooring or broken floor boards
  • Cluttered aisles

Do I Have a Buffalo Slip And Fall Accident Case?

If the property owner knew about the dangerous condition and didn’t do anything about it, you might have a case. It’s not automatic.

In most slip and fall cases, you will need to prove the following:

  • You fell because of a dangerous condition on the property that presented an unreasonable risk of harm to anyone using the property and which a reasonable person would not have anticipated.
  • The property owner knew about the dangerous condition. This is called “notice.” It is a requirement and is often where things can get a little complicated.

To win your case, we need to show that the property owner knew or should have known about the condition and had enough time to actually do something to about it.
There are a few ways to show that a property owner had notice of (knew about) a dangerous condition that existed on their property:

  • If the owner caused the dangerous condition.
  • If the owner or an employee knew about the condition and failed to correct it.
  • If the dangerous condition existed long enough that a reasonable person would have known about it and fixed it before you fell.

Proving Liability in a Buffalo Slip and Fall Lawsuit

New York Courts do not require property owners to watch every little corner of their property all the time. That would be unrealistic. It would also be unrealistic for Western New York landowners to keep snow and ice off their property all the time. However, they do have to clear a safe path within a reasonable amount of time. If they don’t, they can be held responsible if someone gets hurt.

Compensation for a Slip and Fall Accident in Buffalo, New York

Most cases settle before trial. When presenting a slip and fall case to a jury in New York, the jury will have to decide what (if any) percentage you are at fault and what percentage the property owner is at fault. Often, a jury will find that the property owner is partly at fault and that you are partly at fault.
The insurance company will often argue that if the property owner could have seen the defect and fixed it, the injured person could have seen it too and avoided it. Even if you are partly at fault for being injured, however, you are still be able to recover compensation for your injuries. The amount can be reduced by your own percentage of fault.

The types of damages that may be recovered in a slip and fall lawsuit include, but are not limited to:
Most cases settle before trial. When presenting a slip and fall case to a jury in New York, the jury will have to decide what (if any) percentage you are at fault and what percentage the property owner is at fault. Often, a jury will find that the property owner is partly at fault and that you are partly at fault.
The insurance company will often argue that if the property owner could have seen the defect and fixed it, the injured person could have seen it too and avoided it. Even if you are partly at fault for being injured, however, you are still be able to recover compensation for your injuries. The amount can be reduced by your own percentage of fault.

The types of damages that may be recovered in a slip and fall lawsuit include, but are not limited to:

  • Past and future medical expenses;
  • Past and future lost wages;
  • Pain and suffering;
  • Loss of enjoyment of life; and
  • Other out-of-pocket expenses

What To Do If You Have Been Injured in a Slip and Fall Accident?

Seek Medical Attention – If your injuries are serious, call an ambulance. For less serious injuries, see your own doctor as soon as possible. If you hit your head, get medical care immediately.

Take Pictures of The Scene – Use your smartphone to photograph the floor, surroundings, and any objects that may have caused your fall. If you’re unable to do that, have a friend do it for you.

Identify Witnesses – Obtain contact information for all witnesses.

Preserve Your Clothing – Place the clothes and shoes you were wearing at the time of the accident in a bag to be used as evidence in the future.

Don’t Give Any Written or Recorded Statements – Consult an experienced Buffalo personal injury lawyer before giving a written or recorded statement to an insurance adjuster (or anyone representing the property owner).

Notify the Property Owner – If you are in a commercial building, request to see the owner or manager on duty and obtain contact information.

Consult With An Experienced Buffalo Slip and Fall Accident Lawyer – If you have been involved in a slip and fall accident in Buffalo and have suffered an injury on someone else’s property, you should consult with an experienced slip and fall lawyer to learn your rights. You may be entitled to substantial compensation.

Contact Top Rated Slip and Fall Attorney in Buffalo, NY

The medical bills, lost wages and pain that accompany slip and fall injuries can be overwhelming. If you fell and were hurt in Western New York, contact Buffalo Personal Injury Attorney Steve Boyd. We’ll explain your legal rights. Call us at 716-400-0000 or 585-600-2019, or send us a message online to arrange a free consultation with an experienced Buffalo slip and fall lawyer. There is no fee unless we win your case.