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Buffalo Slip and Fall Lawyer
Dedicated Advocates for Those Injured in Falls in and Around Buffalo, NY
Falls can be far more serious than many people realize. While not all falls lead to liability, in certain circumstances, a property owner or another person or entity may be at fault. The main questions are whether an unsafe condition was present and whether the responsible party either created or had knowledge of that condition prior to the injury.
In Buffalo, snow and ice may contribute to many falls, but other causes could include spills, broken pavement, stairs, inadequate lighting, potholes, and other unsafe walking surfaces. At O’Brien & Ford, we have more than 84 years of combined experience handling personal injury claims in Western New York. If you or a loved one fell and suffered injuries, contact us to discuss what happened and to determine whether you may have legal options.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- Why Choose O’Brien & Ford for Your Buffalo Slip and Fall Case?
- When Can a Property Owner Be Liable for a Slip and Fall in New York?
- How Do Snow and Ice Affect Buffalo Slip and Fall Claims?
- What Evidence Can Help Prove a Slip and Fall Case?
- What Compensation Can You Recover After a Slip and Fall?
- Common Fall-Related Injuries
- How Long Do You Have to File a Slip and Fall Lawsuit in New York?
- What Should You Do After a Slip and Fall in Buffalo?
- Do You Have a Buffalo Slip and Fall Lawyer Near Me?
- Frequently Asked Questions About Buffalo Slip and Fall Cases
- Speak With a Buffalo Slip and Fall Lawyer Today
Why Choose O’Brien & Ford for Your Buffalo Slip and Fall Case?
Clients choose O’Brien & Ford because of the individualized focus we offer each person we represent. When you work with us, we take the time to get to know you and to understand your case. If you want to see how we operate, just call us. You’ll be on the phone with an attorney within two minutes.
Also, our team of experienced lawyers has been representing slip-and-fall victims for decades. Our results include a $4.56 million premises-liability recovery case where a woman with a longstanding history of neck problems fell in a supermarket parking lot because of a pothole that a plow had covered with snow. Her injuries required multiple surgeries and costly medical care.
While past results don’t guarantee future outcomes in cases, we’re proud of how we’ve helped clients recover the compensation they need. In total, those recoveries add up to over $275 million. Our approach isn’t about how many cases we take on. In fact, we limit the number of cases each of our attorneys handles at a time so they can get to know their clients and work carefully to support each one. If you want to learn more, call us today for a free consultation and case evaluation.
Testimonials
What Our Clients Say About Us
“My wife and I have been dealing with John Ford, esq. for the last 4+ years. I was permanently injured in a fall at a local retail establishment and John has worked diligently on our behalf throughout the lengthy legal journey. He was recently able to arrive at a mutually agreeable financial settlement. During the entire process my wife and I found John to be extremely well grounded in the law and he has been very helpful with necessary guidance and advice as we worked through the legal maze. John is extremely personable and has been a joy to work with. I would strongly recommend to anyone looking for a great lawyer to consider John Ford. You can not go wrong.”
“I cannot say enough good things about Chris Pannozzo and this law firm! From start to finish, the professionalism, communication, and dedication was exceptional. I always felt supported, comfortable, listened to, and confident that I was in good hands. My case was handled with the utmost care and attention, and I couldn’t be happier with the way everything was resolved. I would highly recommend the firm to anyone.”
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
When Can a Property Owner Be Liable for a Slip and Fall in New York?
According to data from Erie County, the 2022–2024 fall-hospitalization rate among adults 65 and older was 176.4 per 10,000 residents in that age group. This covers falls generally, not just premises-liability claims, but it shows how common fall-related injuries are, especially in older adults. While landowners aren’t always liable for injuries that occur on their property, they must use reasonable care to maintain reasonably safe conditions under the circumstances.
Legal liability may follow in cases where:
The owner or an employee created the hazard
Imagine an employee at a convenience store mopping a floor and leaving it dangerously slippery without even placing a caution sign. A customer walks in and slips, resulting in a serious injury.
The owner or an employee had actual notice
This may apply if someone knew about a leaking pipe, broken step, icy patch, or pothole, but failed to address it. Later, someone suffers an injury as a result of that unresolved condition.
The owner or an employee had constructive notice
In these cases, the condition was sufficiently visible and apparent and existed long enough that it should reasonably have been discovered and corrected.
Potentially responsible parties
- Property owners
- Commercial tenants
- Landlords
- Property managers
- Businesses operating at the locations
- Maintenance companies
- Snow-removal contractors (in more limited circumstances)
- Government entities (in an appropriate public-property case)
It’s important to note that New York law applies the comparative fault rule in slip-and-fall cases. Under this statute, an injured person's comparative negligence does not bar recovery for their damages. However, their damages are reduced according to their share of fault.
How Do Snow and Ice Affect Buffalo Slip and Fall Claims?
Buffalo is no stranger to inclement weather, especially in the winter. The city has specific snow removal requirements, including that removal from abutting sidewalks must occur before 9:00 a.m. It also states that an owner or occupant of a building or lot abutting a public sidewalk must remove accumulated snow within 24 hours after it ceases to fall, gather, or accumulate.
The Buffalo City Code has broader requirements stating that owners must keep sidewalks in front of their premises in good order and repair.
New York does, however, recognize a storm-in-progress doctrine that holds that landowners do not have to remove snow or ice resulting from an ongoing storm until the storm ends and they have had a reasonable opportunity to address the condition.
Snow removal and plow companies can also share liability if their actions made conditions more dangerous.
What Evidence Can Help Prove a Slip and Fall Case?
In premises liability cases, some of the most important evidence is anything showing what the condition looked like and how long it existed. Possible evidence may include:
- Photos and videos of the exact hazard, which could be from phone cameras, security footage, or other sources
- Measurements of a hole, raised pavement, step, or other defect
- An incident report that states the facts of the fall and injury
- Witness names and statements
- Prior complaints about the condition
- Inspection records
- Cleaning logs
- Maintenance requests
- Repair records
- Snow-plowing and salting records
- Weather records
- Lease and management agreements showing who was responsible for maintenance of the property
- Medical records tying injuries to the fall
It’s important that the evidence points to negligence. The existence of a fall-related injury isn’t enough to establish fault. Gathering evidence quickly is extremely important; surveillance footage may be overwritten, and temporary hazards can disappear quickly.
What Compensation Can You Recover After a Slip and Fall?
In slip-and-fall cases, you can often recover for actual financial losses as well as other losses that are more challenging to assign a dollar figure to. Here’s a brief explanation of economic and non-economic damages categories.
Economic damages may include
Economic damages relate to real financial losses, both those you’ve already incurred as well as those you are likely to suffer in the future. For instance, you may be able to recover for your:
- Medical expenses
- Surgery and hospitalization
- Rehabilitation and physical therapy
- Future medical care and treatment related to the injury
- Lost wages
- Reduced future earning ability
- Medical equipment
- Necessary in-home help
- Other accident-related expenses
Non-economic damages may include
Your non-economic damages address those losses that don’t come with a price, but are nonetheless very real. For instance, you may collect for your:
- Pain and suffering
- Emotional distress
- Disability
- Loss of enjoyment of life
- Scarring and disfigurement
- Loss of consortium (in a claim by the injured person’s spouse, where applicable)
The total amount of damages that might be available to you will depend on a number of factors, so it’s impossible to assess without all the case details. In general, the severity of the injury will greatly impact the amount of compensation available. For example, a person with a serious spinal cord injury resulting in paralysis would likely be able to recover greater damages than someone with a fractured wrist. But other issues, such as the breakdown of fault and the liable parties and insurance carriers, can also influence the outcomes.
Common Fall-Related Injuries
Falls may be associated with minor injuries, but in many cases, they can lead to devastating harm. Some common fall-related injuries we’ve seen include:
- Neck injuries
- Back injuries
- Herniated discs
- Spinal cord injuries
- Traumatic brain injuries
- Broken hips, wrists, ankles, or other fractures
- Knee/shoulder injuries
- Nerve damage
Other catastrophic injuries may also occur. If you have questions about whether you have a claim, call us today. We’re prepared to listen and offer our support.
How Long Do You Have to File a Slip and Fall Lawsuit in New York?
New York law prevents you from filing a personal injury claim if you wait too long. In general, you usually have three years to file a standard personal injury claim. In the case of a fatal slip and fall, the decedent’s personal representative can bring a claim within two years of the death.
There are also specific rules in situations like when a government entity is involved. In such cases, a notice of claim may be required to be served within 90 days. Certain municipal tort actions are subject to a one-year-and-90-day action deadline.
Even if you think you have time before the statute runs, remember that evidence may become more challenging to collect as time passes. The sooner you involve a lawyer, the better.
What Should You Do After a Slip and Fall in Buffalo?
After any injury, seek medical attention right away. In the aftermath of a serious accident, you might not feel the full extent of the symptoms. For instance, head injuries may be more severe than they initially appear. Don’t wait to see a doctor.
Other things you may want to do to protect your claim include photographing the exact condition that led to the fall before it changes. If you can, this could be extremely helpful. A wet floor can be dangerous, but it won’t remain wet for long. A broken step can be repaired, and poor lighting remedied before you’re able to return to collect evidence. Although it’s not always possible, you should take a photo and collect other information if you can. Then be sure to seek medical attention from a nearby facility, like ECMC or Buffalo General, depending on your medical needs.
Visit Us
Do You Have a Buffalo Slip and Fall Lawyer Near Me?
Yes. O’Brien & Ford has offices at 4549 Main St, Suite 201, Buffalo, NY 14226, and 701 Seneca St, Suite 208, Buffalo, NY 14210. Our Main Street office is between Lincoln Road and Bernhardt Drive, just east of Harlem Road, and has free visitor parking available. Call today so we can work out a plan to evaluate your potential claim.
O’Brien & Ford, P.C.
4549 Main Street, Suite 201
Buffalo, NY 14226
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701 Seneca Street, Suite 208
Buffalo, NY 14210
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Frequently Asked Questions About Buffalo Slip and Fall Cases
What if I do not know exactly what caused me to fall?
The fact that you fell at a business or other property is not necessarily enough to bring a personal injury claim. We’ll need to review evidence like surveillance footage, witness statements, photos, maintenance and inspection records, and the physical scene to determine what the cause was and whether you may have a legal claim.
Can I have a slip-and-fall case if I already had neck or back problems?
What if I slipped and fell while I was working?
Does a small crack or height difference mean I cannot have a case?
Speak With a Buffalo Slip and Fall Lawyer Today
A slip-and-fall injury can change your life in a moment, but your claim may turn on facts that disappear quickly. We understand what evidence you need to build your case and how to get started with the investigation. Call O’Brien & Ford today or fill out our contact form to discuss your case with an experienced Buffalo slip and fall lawyer.