New York State residents and businesses have a duty to maintain their premises in a reasonably safe condition.
This generally includes making sure parking lots and sidewalks are free of snow, ice or other debris that may cause someone to suffer a personal injury in a fall.
Of course, everyone who lives in the Buffalo area knows it would impossible to keep walkways completely clear at all times.
As a result, how long the snow or ice was present before the injury occurred may be pivotal in proving that the party who maintained the walkway was negligent.
When pursuing a personal injury claim after having fallen due to snow or ice, the injured party must prove that the snow or ice had been present long enough that a reasonably prudent person would have discovered and removed it.
As a result, if there are heavy snows in the period immediately prior to the injured person’s fall, it may be difficult to successfully pursue a claim for damages.
The snow or ice that led to the fall may not have been there long enough that the defendant could reasonably be expected to have removed it.
This does not mean, however, that a claim is barred every time it happens to be snowing when someone falls.
In some cases, for example, snow may be much deeper than could be accounted for by the light snow in the period leading to the fall, indicating that the area had not been maintained.
An experienced personal injury lawyer will carefully examine both the condition of the area and the weather conditions leading up to the injury when determining how best to proceed with a personal injury case.
If you were injured in a fall and need the help of a personal injury lawyer, please feel free to call us 716-631-9999.
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