Buffalo slip and fall lawsuits require that the injured person be able to establish what they fell on. They also require that the defendant either actually be aware of the dangerous condition or that the condition was there long enough that the defendant reasonably could be expected to discover it. This second set of requirements can make a lawsuit more difficult if the injured person slipped on ice or snow during a snowstorm.
The fact that snow was falling, however, does not create a complete bar to recovery. Where the injured person can point to a specific condition that caused the fall which pre-existed the snowfall, he or she is still entitled to recover damages.
This may occur, for example, where the injured person slips on a patch of ice during a snowstorm. The fact that it is snowing does not mean that ice is forming on the ground during the snowfall, and such ice may have been present for several days. If the weather conditions support the earlier formation of the ice or eyewitnesses can point to the ice patch as having been present for a sufficient time before the storm that it should have been corrected, the injured person may still pursue a successful lawsuit.
If you have suffered an injury caused by falling, we would be happy to help you. Please feel free to call us at 716-542-5444 regarding your legal rights
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