As autumn unfolds in Buffalo, residents and businesses alike enjoy the vibrant colors of changing leaves. However, these beautiful fall leaves quickly transform into hazardous debris when they become wet, turning sidewalks, driveways, and other walkways into slippery traps. Property owners, whether they are private homeowners or business owners, must remain vigilant in managing this common seasonal risk. Failing to do so can result in significant legal liabilities, especially if someone slips and falls, and gets injured.
What Property Owners Must Do to Avoid Liability for Wet Leaves 
Property owners in Buffalo, like many other areas, have a legal obligation to maintain their premises in a safe condition. This responsibility is called a “duty of care,” and it requires owners to ensure that walkways, driveways, parking lots, and other common areas are free from hazards, including wet leaves. When those leaves accumulate and become slick, they can cause serious accidents, particularly when left unattended.
Liability issues arise when an individual is injured on someone else’s property due to their negligence in maintaining a safe environment. In many cases, Buffalo property owners are responsible for accidents caused by wet leaves if they fail to act in a timely manner to clear them.
When Are Property Owners Liable for Wet Leaves in Buffalo
While property owners are responsible for keeping their premises safe, liability is not automatically assigned when someone slips on wet leaves. Several factors determine whether the property owner will be held liable in such cases.
First, the property owner must have been aware, or reasonably should have been aware, of the hazardous condition. If a property owner knew or should have known about the presence of wet leaves, they may be liable if they failed to clear them within a reasonable timeframe.
Second, if a person slips and falls on wet leaves, proving negligence is key. The injured party must show that the property owner was negligent in addressing the hazard. In Buffalo, where winter storms often arrive swiftly, property owners must take extra precautions to ensure the safety of anyone walking on their property.
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In some cases, liability may also depend on whether the accident occurred in a high-traffic area. For example, a business with regular foot traffic is likely to have a greater duty of care in managing the leaves on its property compared to a private homeowner with a few visitors.
Exceptions to Property Owner Liability for Wet Leaves
It’s important to note that property owners may not always be held responsible for accidents caused by wet leaves. Several exceptions can reduce or eliminate liability, such as:
Timing of the accident. In Buffalo, where weather conditions change rapidly, property owners may be given a reasonable amount of time to clear leaves after a storm or heavy rain. If an accident occurs shortly after a rainfall or windstorm, the property owner may not be held liable if they had no opportunity to clean up the leaves.
Obvious hazard. If the hazard posed by wet leaves is so obvious that anyone walking on the property should have been able to avoid it, the property owner may not be at fault. For instance, if the wet leaves are in an area where people are typically expected to be cautious, such as in a park or along a walking path, the injured person may bear some responsibility for not being more careful.
Contributory negligence. If the injured person contributed to their own fall through careless behavior, the property owner may not be fully liable. For example, if someone was running or texting while walking and failed to notice the wet leaves, this could be considered contributory negligence.
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Factors That Can Increase Liability for Wet Leaves
Certain factors can increase a property owner’s liability in slip and fall accidents involving wet leaves. The primary factor is whether the property owner was negligent in maintaining their property or failed to take action after being made aware of the danger. Here are some situations that may increase liability:
Previous incidents. If a property owner has received complaints or reports of previous accidents caused by wet leaves or other hazards and fails to take corrective action, they may be more likely to be found negligent.
No warning signs or barriers. Property owners who fail to post warning signs or place barriers around hazardous areas could face greater liability. If an area covered in wet leaves is open to pedestrians without any visible warnings, the property owner may be found responsible for the accident.
Inability to prove efforts to clear leaves. Property owners are expected to make reasonable efforts to keep their property safe. If an injured party can prove that the property owner did not make any efforts to remove the leaves or maintain the area, liability may fall on the owner.
What Should Property Owners in Buffalo Do to Prevent Slip and Fall Accidents Due to Wet Leaves
Property owners can take several steps to reduce the risk of accidents caused by wet leaves. By following these best practices, they can protect their property and help ensure the safety of visitors, tenants, or passersby.
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Regularly Clean Walkways and Driveways
The best way to avoid liability is to actively prevent accidents. Property owners should regularly sweep or rake up fallen leaves, particularly in areas that see heavy foot traffic. This means making an effort to clear leaves multiple times per week, depending on how many trees are on or near the property. If leaves are wet due to rain or dew, they should be cleared immediately to prevent slipping hazards.
Use Anti-Slip Products and Salt
In addition to removing leaves, property owners can use anti-slip products on walkways, such as rubber mats or non-slip coatings. These products add extra traction to surfaces that may be slippery due to wet leaves. During winter months, using salt or sand on walkways can help reduce the likelihood of ice buildup, further protecting visitors from potential falls.
Install Adequate Lighting
Dim lighting can make it difficult for people to see hazards like wet leaves. Property owners should ensure that their walkways and driveways are well-lit, particularly during the evening when visibility is lower. Good lighting can alert pedestrians to potential hazards and help prevent slip and fall accidents.
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Post Warning Signs
If it is not possible to immediately clear the leaves from a walkway, property owners should consider placing warning signs. These signs can inform visitors of the potential danger of wet leaves, allowing them to take extra care when walking in the area. Property owners may also want to use barriers or cones to block off slippery areas temporarily until they can clear them.
What To Do If You Are Injured on Wet Leaves on Someone Else’s Property
In the unfortunate event that you slip and fall on wet leaves on someone else’s property, there are several steps you should take to protect your legal rights.
Seek Medical Attention Immediately
Regardless of how minor the injury may seem, it is important to seek medical attention after a slip and fall. Some injuries, such as sprains, fractures, or concussions, may not show immediate symptoms. A doctor will be able to assess your condition and document any injuries, which can be crucial if you decide to file a claim.
Report the Incident to the Property Owner
After the fall, notify the property owner or the property management company about the accident. Reporting the injury is important because it provides documentation of the incident, which may be helpful in pursuing a legal case.
Document the Scene and Your Injuries
Take photos of the scene where the fall occurred. This includes the wet leaves, surrounding conditions, and any visible injuries you sustained. The more evidence you have, the stronger your case will be.
Consult with a Personal Injury Lawyer
If you believe the property owner’s negligence caused your accident, consult with an experienced personal injury lawyer. A lawyer specializing in slip and fall accidents can help determine whether the property owner is liable and guide you through the process of filing a claim.
In Buffalo, property owners have a significant responsibility to keep their premises safe, especially during the fall when wet leaves can create dangerous walking conditions. By staying proactive in removing leaves, posting warnings, and ensuring proper lighting, owners can help minimize the risk of accidents. If you are injured by wet leaves or other hazards on someone else’s property, consulting with a personal injury attorney can help you understand your rights and determine if the property owner’s negligence played a role.
At Andrews, Bernstein & Maranto, PLLC, we are committed to helping you navigate legal matters related to personal injury. Contact us for a consultation to discuss your case and explore your options for seeking compensation.
