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Premises liability is the area of law that addresses injuries people suffer because of unsafe or dangerous conditions on someone else-s property. In Buffalo, as elsewhere in New York State, these claims are usually based on negligence - the injured person must show that a property owner or occupier owed a duty of care, breached that duty, and that the breach caused the injury and resulting damages. Common premises liability cases include slip-and-fall accidents, trip hazards, inadequate security, falling objects, poorly maintained stairways, elevator or escalator accidents, and injuries caused by snow and ice.
Outcomes turn on the specific facts - who controlled the property, what the condition was, whether the owner knew or should have known about the hazard, and whether the injured person acted reasonably. Both private landowners and businesses may be responsible, and claims against the City of Buffalo or other public entities have additional procedural rules.
Some premises liability cases are straightforward and can be resolved quickly, but many involve complexities that make legal assistance valuable. Reasons to consult a lawyer include:
- The injury is serious or requires ongoing medical care, potentially leading to significant medical bills, lost wages, or long-term disability.
- The at-fault party is a business, property management company, or landlord with insurance and legal counsel.
- The property owner denies responsibility, or multiple parties might share fault, making investigation and negotiation more complicated.
- Evidence must be preserved or gathered quickly - for example, surveillance footage, maintenance logs, incident reports, or witness statements.
- You are considering a claim against the City of Buffalo or another government entity - these claims often require strict notice deadlines and unique filing rules.
- Insurance companies offer a low settlement or are using tactics to limit payout; an attorney can evaluate offers and negotiate or litigate when needed.
- Causation or liability depends on expert analysis - such as building code compliance, structural defects, or medical causation.
Premises liability in Buffalo is governed primarily by New York State common law and statutes that apply statewide. Key local aspects to be aware of include:
- Duty of Care: Property owners and occupiers in New York generally owe a duty to use reasonable care to keep their premises safe for lawful visitors. The duty depends on the circumstances - for example, businesses that invite customers may have a higher duty to inspect and remedy hazards than private homeowners in some situations.
- Comparative Negligence: New York follows a comparative negligence rule. If a plaintiff is partly at fault for the injury, the plaintiff-s recoverable damages will be reduced by their percentage of fault.
- Statute of Limitations: For most personal injury claims based on negligence, including premises liability, the statute of limitations in New York is three years from the date of the injury. Failure to file within that time generally bars recovery.
- Municipal Claims: Claims against the City of Buffalo, Erie County, or other public entities have special rules. Typically, you must file a written notice of claim within 90 days of the incident and then commence a lawsuit within one year and 90 days, unless another statute applies. Missing these deadlines can extinguish your right to sue the public entity.
- Snow and Ice Rules: New York law treats snow and ice cases with particular care. Property owners are not automatically liable for natural accumulations of snow and ice; the owner-s duty is evaluated based on whether they created the hazard, had a reasonable opportunity to remedy it, or failed to exercise reasonable care in snow or ice removal. Municipal immunities can also apply for natural accumulations unless the city created or exacerbated the danger.
- Evidence and Notice: Businesses and landlords often keep incident reports, maintenance records, surveillance video, and inspection logs. These records can be critical to a claim and should be preserved quickly after an accident.
You must typically prove four elements - duty (the owner or occupier owed you a duty of care), breach (they failed to meet that duty), causation (the breach caused your injury), and damages (you suffered actual harm, such as medical bills or lost income). The specifics depend on the facts and the type of visitor you were when injured.
Potentially responsible parties include the property owner, a tenant or business that controlled the area where the injury occurred, a property manager, contractor responsible for maintenance, or, in some cases, a municipality. Determining who had control over the property and responsibility for maintenance is a key part of the investigation.
For most premises liability claims against private parties, New York-s statute of limitations is three years from the date of injury. If you are suing a city or other municipal entity, you usually must give written notice of claim within 90 days and then file suit within one year and 90 days. Different rules can apply in special situations, so act promptly.
Snow and ice cases are fact-specific. Landowners are not automatically liable for natural accumulations; the question is whether the owner had a reasonable opportunity to discover and remedy the hazard or whether the owner created or worsened the condition. Municipal liability for natural accumulations is often limited, but exceptions exist. Photographs, weather records, and evidence about when the area was last cleared are important.
Yes. New York follows comparative negligence rules. If you are found partially at fault, your damages are reduced by your percentage of fault. For example, if your damages are $100,000 and you are 20 percent at fault, your recovery would be $80,000.
You may recover economic damages like medical bills, rehabilitation costs, future medical expenses, and lost wages, as well as non-economic damages such as pain and suffering and loss of enjoyment of life. In rare cases involving particularly wrongful conduct, punitive damages may be considered, but they are uncommon in ordinary premises liability cases.
Seek medical care first and follow medical advice. Then, if possible, take photographs of the hazard and the surrounding area, keep your clothing and shoes from the incident, get contact information for witnesses, and note the names of any employees or managers you spoke to. Request and preserve any incident reports. Early documentation helps establish what happened and supports your claim.
You should report the incident to the property owner or manager and obtain a copy of any incident report. Be cautious about giving recorded statements to insurers or signing releases without consulting an attorney. Insurance adjusters may try to minimize or deny claims, and statements made without legal advice can be used to challenge your case.
Claims against the City of Buffalo or other public entities require compliance with special notice and timing requirements. You generally must file a written notice of claim within 90 days and then bring a lawsuit within a shorter statutory period than private claims. There may also be immunities or defenses available to public entities. Consult an attorney promptly to preserve your rights.
Consider hiring an attorney if your injuries are more than minor, if the other side denies responsibility, if liability is disputed, if multiple parties are involved, if dealing with a municipality, or if you face complicated insurance tactics. An experienced premises liability attorney can investigate, preserve evidence, negotiate with insurers, and file suit if necessary. Many personal injury lawyers offer free initial consultations and work on a contingency-fee basis, meaning they are paid only if you recover.
If you need more information or help finding legal assistance in Buffalo, consider these resources and organizations that can be helpful:
- Erie County Clerk-s Office - for filing local court papers and obtaining records.
- Buffalo City Law Department - handles municipal claims against the City of Buffalo.
- New York State Unified Court System - for information about civil court procedures and local courts.
- New York State Office of Court Administration - general court resources and guidance.
- New York State Department of Health - for information on medical resource referrals and records.
- Local bar associations, including the Erie County Bar Association - for lawyer referral services and directories.
- Legal aid clinics and pro bono programs - these may help if you have limited financial means and face specific legal issues.
- Consumer protection and insurance regulatory bodies - to learn about your rights when dealing with insurers.
If you were injured on someone else-s property in Buffalo and believe the property condition contributed to your injury, take these steps promptly:
- Seek immediate medical care. Your health is the priority, and medical records document your injuries.
- Report the incident to the property owner, manager, or business and ask for an incident report. Get a copy if one is prepared.
- Preserve evidence. Photograph the scene, save clothing or shoes worn during the incident, collect witness contact information, and note dates and times.
- Do not admit fault or give detailed recorded statements to insurers without first speaking to a lawyer. Be factual when discussing the incident, but avoid speculation or admissions.
- Contact a premises liability attorney promptly, especially if the injury is serious, the responsible party is a business or government entity, or evidence may disappear quickly. Many attorneys offer a free consultation and can explain your rights, the likely deadlines, and the best strategy for your situation.
- Be mindful of deadlines. The statute of limitations for most claims is three years, but claims against the city or county require quicker action and specific notices. Prompt legal advice can prevent procedural mistakes that could bar your claim.
Having a lawyer can help you obtain necessary evidence, evaluate the full value of your claim, negotiate with insurers, and litigate if a fair settlement is not available. If you are unsure where to start, contact a local attorney or your county bar association-s referral service to schedule a consultation.
