Does It Matter If It Was Snowing When I Fell In A Parking Lot?

by Friedman & Ranzenhofer, PC on November 29, 2010

in Buffalo Injury Questions and Answers

The residents of Buffalo do not let a little inclement weather stand in the way when it comes to getting outside.  While this may be admirable, it is not necessarily helpful to someone who suffers a personal injury by slipping while it is snowing.

If it is snowing heavily, the defendant in a case involving slipping in snow may claim as a defense that there was a “storm in progress.”  Because the courts of New York State have ruled that a dangerous condition on property must be present long enough for a defendant to have a reasonable opportunity to discover and remove it, a finding that the fall occurred because of newly accumulated snow may exonerate the defendant from responsibility for the fall.

Although slipping while it is snowing may make it difficult to prove that the defendant was liable, it does not necessary completely rule out the possibility of successfully suing for damages.  If, for example, it can be proven that there was far more snow accumulated in the parking lot than could have fallen or blown in as a result of the snowfall at the time of the injury, a personal injury attorney may be able to establish that the injury was caused, at least in part, by previously present snow that the defendant could reasonably have been expected to remove.

If you have fallen in a parking lot and have any questions regarding this topic, please feel free to call my office at 716-542-5444.

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