Slip and fall accidents in Buffalo’s parking lots are not uncommon. When someone is injured because a lot has not been cleared — or not cleared adequately — who is liable for the injury will hinge upon the particular facts of the case and the contract between the parties.
Ultimately, however, in nearly all cases it is the property owner, not the plow company, that is liable in a personal injury lawsuit. In most cases, a plow company can only be held directly responsible under one of three conditions: (1) if the company “launches a force or instrument of harm” by negligently creating or exacerbating a dangerous condition, (2) if the plaintiff detrimentally relies upon the continued performance by the company of its duties, and (3) if the contract between the landowner and the plow company is so comprehensive and exclusive that it completely displaces the landowner’s responsibility.
All of these conditions are relatively rare. As a result, in most cases it is the landowner, not the plow company, who bears the responsibility to the injured person.
If you have fallen on someone’s property and suffered a personal injury, we would be happy to help you. Please call us at 716-542-5444.
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