During Buffalo’s harsh winters, sidewalks become perilous when covered with snow and ice, leading to a spike in slip and fall accidents. Property owners in the area are legally obligated to clear their walkways, and failing to do so can result in significant liability. Understanding the responsibilities property owners face and the legal ramifications they could face for neglecting snow removal is crucial. Whether you’re a property owner in Buffalo or a resident who uses these walkways, it’s important to know how liability works under New York law.
Snowy Winter Risks in Buffalo: 
Winter in Buffalo is more than just a seasonal inconvenience. It’s a time when the city’s sidewalks become covered in snow and ice, turning everyday walks into hazardous excursions. The heavy snowfall in Buffalo, combined with the freezing temperatures, creates dangerous conditions that make walking treacherous. These risks increase dramatically as snow piles up and quickly freezes, making the surface slippery and difficult to navigate.
For property owners in Buffalo, the accumulation of snow and ice on their sidewalks isn’t just an inconvenience—it’s a legal responsibility. Andrews, Bernstein & Maranto, PLLC, a law firm specializing in personal injury cases in the Buffalo area, knows how important it is for property owners to understand their obligations under the law. Failing to meet these obligations can lead to costly slip and fall claims that can be financially devastating for property owners.
The Legal Obligations of Property Owners:
New York state law requires property owners to take necessary precautions to maintain the safety of sidewalks adjacent to their property. This includes removing snow and ice promptly after a storm. In Buffalo, city ordinances are particularly stringent about snow removal. Property owners are given a limited time—usually a few hours—after the end of a snowstorm to clear their sidewalks. If they fail to do so, they may be held liable for accidents that occur on their property due to hazardous conditions.
The failure to properly maintain sidewalks can result in claims of negligence. Property owners have a duty to make sure their walkways are safe, which includes clearing snow and ice and applying salt or sand to prevent further build-up. While property owners are not expected to be perfect, they are required to act reasonably and promptly to reduce risk to pedestrians.
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When Are Property Owners Liable for Falls?
Liability for slip and fall accidents during the winter months is a common issue, especially when snow and ice cover sidewalks for an extended period. Whether or not a property owner is held responsible for an injury depends on several key factors:
- Time Elapsed Since the Storm: The longer the snow or ice is left uncleared, the more likely it is that a property owner will be found negligent. If an accident occurs after a reasonable time has passed since the storm, the property owner may face legal consequences.
- Proper Maintenance: If the property owner clears snow and applies ice-melting agents but fails to do so in a manner that prevents further ice formation, they may still be considered negligent.
- Visibility of the Hazard: Property owners are expected to know about hazardous conditions on their property. If a dangerous patch of ice is present and can be seen by the owner, they have an obligation to address it before it leads to an accident.
- Severity of the Fall: A severe injury resulting from a fall—such as broken bones or head trauma—can often lead to a lawsuit. If it is determined that the fall could have been avoided by proper snow removal, the property owner may be liable.
For property owners, this means that snow and ice accumulation are not just a nuisance—they are a legal risk. Failing to meet the standards set by the city and state can result in personal injury claims.
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Defending Against Slip and Fall Claims:
There are several ways that property owners can protect themselves from liability in slip and fall cases. One of the most effective ways is by keeping detailed records of snow removal efforts. This includes taking photos of the cleared sidewalks and noting the times when snow was removed. It is also wise to document weather conditions and ensure that ice-melting materials were used correctly.
In addition, property owners should regularly inspect their sidewalks for signs of damage or areas that could be prone to accumulating ice. If an area near a downspout or a poorly lit corner consistently becomes icy, owners should take proactive steps to correct the problem.
Lastly, property owners should make sure their liability insurance policies cover injuries related to slip and fall accidents. Having adequate insurance protection can help minimize the financial impact of a claim.
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What to Do If You Have Fallen:
If you have fallen on an icy sidewalk in Buffalo, your first priority should always be your health and safety. Seek medical attention immediately, even if you do not feel injured at first. Injuries like concussions or fractures can sometimes take time to become apparent. After seeking medical help, it’s important to take the following steps:
- Report the Incident: Notify the property owner or manager about the fall as soon as possible. This helps establish a record of the accident.
- Document the Scene: If possible, take pictures of the area where the fall occurred, including any snow, ice, or other hazards that may have contributed to the accident. This evidence could be crucial for proving liability.
- Keep Medical Records: Maintain a record of any treatments you receive and any costs associated with the injury. Medical documentation is essential if you decide to pursue a claim.
If you are unsure whether you have a valid claim, contacting an experienced personal injury attorney is highly recommended. A lawyer can assess the details of your case and help determine if the property owner is liable for your injuries.
Verdicts & Settlements
In Buffalo, slip and fall accidents on icy sidewalks are unfortunately common, but with the right legal representation, you can seek compensation for your injuries. Andrews, Bernstein & Maranto, PLLC can help guide you through the legal process, ensuring that your rights are protected and that you receive the compensation you deserve. With extensive experience in personal injury law, the attorneys at this firm are committed to helping individuals who have been injured due to negligence.