Slip-and-fall injuries are unfortunately common in Buffalo, particularly after snowstorms. The combination of snow and ice creates hazardous conditions on roads, sidewalks, and private properties, significantly increasing the risk of injury. The aftermath of a snowstorm makes it challenging to spot dangerous areas, leading to increased slip-and-fall incidents. This increased risk of injury raises critical questions about the responsibility of property owners and the types of evidence required to pursue a successful injury claim. At Andrews, Bernstein & Maranto, PLLC, we understand how devastating these injuries can be, and we are committed to helping victims recover compensation by holding negligent property owners accountable.
The Dangerous Conditions After Snowstorms 
Buffalo is no stranger to snowstorms. When a snowstorm passes through the region, it leaves behind a combination of snow, ice, and slush. These conditions create a perfect storm for slip-and-fall accidents. The following factors contribute to the surge in injuries after snowstorms:
Icy Walkways and Roadways
One of the most significant hazards after a snowstorm is the formation of ice. As the snow begins to melt and temperatures drop, it can turn into slick, hazardous ice, especially on sidewalks, parking lots, and roadways. Property owners are legally required to clear their walkways and ensure they are safe for pedestrians. However, many neglect this responsibility, either because they don’t act quickly enough or because they underestimate the severity of the conditions. Ice is incredibly slippery, and it only takes one wrong step to cause serious injury. From sprains to fractures, the risk of falling increases dramatically when ice accumulates and isn’t promptly removed.
Accumulation of Snow
Even with the best efforts to keep walkways clear, heavy snow can accumulate rapidly, leaving dangerous patches of snow and ice behind. In many cases, the snow piles up so quickly that it’s impossible for property owners to clear it all in time. This creates slippery conditions that aren’t always visible, making it even more dangerous for pedestrians. Additionally, snowbanks can obstruct the view of pedestrians, preventing them from spotting cracks or other hazards beneath the snow. This poor visibility leads to more accidents and further complicates liability claims.
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Reduced Visibility
Buffalo is known for its snowstorms, but it’s not just the snow and ice that make walking hazardous. Heavy snow often reduces visibility, especially at night or in areas with insufficient street lighting. If you’re walking along a poorly lit sidewalk or in an area that hasn’t been plowed properly, it can be difficult to see icy patches or uneven surfaces. Poor visibility makes it challenging to judge whether the ground is safe to walk on, increasing the likelihood of an accident. Pedestrians may not be able to spot these dangers until it’s too late.
Landowner Negligence
Under New York State law, property owners are responsible for ensuring that their premises are safe for visitors. In the case of snowstorms, this includes removing snow and ice from walkways, parking lots, and other areas where people may walk. In Buffalo, property owners are required to clear snow within a certain time frame after a storm. Failing to do so leaves the property owner open to liability if someone is injured. Unfortunately, many landowners neglect their duties, either by not removing snow promptly or failing to salt or sand walkways, further increasing the risk of accidents.
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Crucial Evidence in Slip-and-Fall Injury Claims
If you or a loved one has been injured in a slip-and-fall accident following a snowstorm, it is essential to gather the right evidence to build a strong case. The type of evidence you collect can make all the difference in proving negligence and securing compensation. The following types of evidence are crucial in slip-and-fall claims:
Photos and Videos
One of the most powerful types of evidence in any slip-and-fall case is visual documentation of the accident scene. Photographs and videos can help illustrate the dangerous conditions that caused the fall. Take clear photos of the area where the accident occurred, especially if there is visible ice, snow, or debris on the ground. Be sure to take photos of your injuries as well, as this visual documentation can provide evidence of the severity of your harm. The clearer the images, the more effective they will be in your case.
Witness Statements
Eyewitness testimony is another key piece of evidence in slip-and-fall cases. If anyone witnessed the accident or saw the hazardous conditions before the fall, their statement can help verify the dangerous conditions and support your claim. Witnesses who can testify to the accumulation of snow or the lack of snow removal may provide critical support in proving negligence. Even statements from people who saw you fall can make a big difference in establishing the facts of the case.
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Maintenance Records
Property owners are required to maintain records of their snow and ice removal efforts, especially in commercial settings. These maintenance logs can serve as key evidence in slip-and-fall cases. If the property owner failed to clear snow and ice in a timely manner, these records may reveal the owner’s negligence. Be sure to request maintenance records from the property owner, especially if they are a business or a landlord. If the property owner has no record of snow removal, it may show they failed to comply with local ordinances.
Medical Records
Your medical records are crucial in proving the extent of your injuries and establishing a direct connection between the accident and the harm you suffered. These records may include doctor’s notes, hospital reports, and any treatments or surgeries related to your injuries. If you have been hospitalized or had to visit the emergency room following your fall, these documents can help demonstrate the severity of your condition and the financial burden the injury has placed on you. The more thorough your medical documentation, the stronger your case will be.
Local Snow Removal Ordinances
Most municipalities in Buffalo have specific ordinances requiring property owners to remove snow and ice within a certain time frame after a storm. These ordinances can play a significant role in establishing negligence. If the property owner did not comply with local regulations by failing to remove snow and ice within the required time frame, this can strengthen your claim. Local laws that require snow removal and address liability can provide a legal foundation for your case, making it clear that the property owner failed to meet their responsibilities.
Verdicts & Settlements
Protecting Your Rights and Pursuing Compensation
If you have been injured in a slip-and-fall accident after a snowstorm, it is crucial to take immediate steps to protect your rights. First and foremost, make sure you seek medical attention right away. Even if your injuries seem minor, it’s important to get checked out by a healthcare professional. Delaying treatment can not only worsen your injuries, but it can also harm your case later on if you don’t have medical documentation of your injuries.
Next, contact an experienced personal injury lawyer. Andrews, Bernstein & Maranto, PLLC is here to help you navigate the complex legal process. Our firm has successfully handled numerous slip-and-fall cases, and we understand how to gather the right evidence, negotiate with insurance companies, and take your case to trial if necessary. With our help, you can hold property owners accountable for their negligence and recover the compensation you deserve.
Slip-and-fall injuries are a significant concern in Buffalo after snowstorms, and the injuries that result from these accidents can be severe. By understanding the factors that contribute to the increased risk and knowing what evidence is essential for building a strong case, victims can ensure they are prepared to pursue compensation. Andrews, Bernstein & Maranto, PLLC is committed to helping individuals who have been injured in slip-and-fall accidents caused by weather-related hazards. If you’ve been injured in a snowstorm slip-and-fall accident, we are here to help.
Disclaimer: This content is for informational purposes only and should not be considered legal advice. Please consult an attorney for your specific situation.