A slip and fall accident can cause serious injuries to a victim. These types of accidents may occur anywhere, including outdoors. If you were hurt in such an accident, it is critical that you know what your rights are. A Buffalo sidewalk fall accident lawyer can help you navigate that process. Talk to a Buffalo slip and fall accident lawyer at Towey Law, PLLC, today.
Dangerous Sidewalk Conditions in Buffalo
Dangerous sidewalks put people at risk every day. Whether it is a parent pushing a baby in a stroller or a child walking home from school, sidewalk damage or uneven surfaces commonly lead to numerous injuries. Some of the most common types of hazards that lead to slip and fall cases include:
- Uneven surfaces
- Cracks in the surface of the sidewalk
- Objects protruding from the ground, such as tree roots or metal rebar
- Ice, snow, or other slick conditions
- Failure to salt and clear the sidewalk
Common Sidewalk Slip and Fall Injuries in Buffalo
Sidewalk slip and fall accidents are not uncommon. In some situations, a person may suffer minimal injury, such as a few scrapes and perhaps a bruise. Yet, for a large number of people, sidewalk accidents can lead to more serious injuries, including those that require a person to visit a hospital for care. This is why getting a Buffalo premises liability attorney involved is important. Some examples of common, serious sidewalk slip and fall injuries include:
- Broken bones, especially hips, legs, or wrists
- Neck injuries
- Back injuries, including spinal cord damage
- Head injuries leading to concussions
- Traumatic brain injuries from serious falls
- Facial injuries
- Scarring
- Road rash if dragged in the accident
- Muscle and skin damage
The type and severity of injuries suffered by a victim depends on how the person falls. A person who is older or has weaker bone structures is also more likely to suffer serious injuries.
Responsibility for Sidewalk Maintenance in the Buffalo Area
Responsibility for sidewalk slip and fall accidents can be complex in the Buffalo area. Liability can change based on where the accident occurred. The City of Buffalo is responsible for removing snow on sidewalks that are located in “major routes”. Other sidewalks are the responsibility of the property owner or occupant. The laws of sidewalk maintenance and snow removal change in each municipality, so it is important to understand the liability laws in your area:
| Municipality | Sidewalk Maintenance Responsibility | Sidewalk Snow Removal Responsibility |
|---|---|---|
| City of Buffalo | Property owners Code § 413-48(A) | City— Snow Plan (p. 52) Other locations—property owner/occupant Code § 413-50 |
| Town of Amherst | Property owner / occupant Code § 151-60(C) | Property owners Code § 89-C-5-1 |
| Town of Cheektowaga | Property owner/occupant Code § 210-14 | Property owner/occupant Code § 210-14 |
| Village of Kenmore | Property owners Code § 19-1(a) | Property owners Code § 19-3(a) |
| City of Lackawanna | Property owners Code § 194-8 | Property owners Code § 194-8 |
| City of Lockport | Property owner/occupant Code § 66-18(C)(1) | Property owner/occupant Charter § 158-17(A) |
| City of Niagara Falls | Property owners Code § 731.01 | Property owners unless business area, along school and bus routes, or in front of public buildings |
| Town of Tonawanda | Property owners Code § 183-5(A) | Property owners Code § 183-5(A), (B) |
| Town of West Seneca | Property owner/occupant Code § 92-4(C) | Property owner/occupant Code § 92-4(C) |
| Village of Williamsville | Property owners Code § 89-3(A) | Property owners Code § 89-3(A) |
Prior Written Notice Requirements In New York State
One way to hold a municipality liable for injuries caused by dangerous sidewalks is to show that the municipality received prior written notice of the dangerous condition. Without this notice, the municipality may not be held liable for the injuries that stem from the hazard present unless they were previously notified of the risk and failed to take action to mitigate others suffering or falling. This prior written notice rule means that if the municipality was not alerted to the hazardous condition in writing before your accident, they may not have to pay damages.
Because of the complexity of these issues, hire a Buffalo personal injury lawyer from Towey Law, PLLC, if you are suffering from such injuries. Call us today to schedule a free consultation.