Buffalo Personal Injury Lawyer News

Winters in New York often result in a significant amount of snowfall, and snow and ice are common causes of slip and fall accidents. People hurt in falls caused by slippery conditions may be able to recover damages from the parties that own or maintain the property where they fell if they can establish liability. Recently, a New York court discussed fault in slip and fall cases in a case in which the plaintiff suffered injuries due to snow and ice on the defendants’ property. If you were hurt after you fell on snow or ice, you might have a valid claim for damages, and it is in your best interest to consult an experienced Buffalo personal injury attorney as soon as possible.

The Plaintiff’s Fall

It is reported that the plaintiff slipped and fell on ice and snow that was piled onto a concrete island in the middle of a parking lot in a shopping center. The plaintiff was attempting to cross the island to get to a restaurant when he fell. He filed a personal injury lawsuit against the defendants, the property owner, management company, and snow removal contractor. The defendant owner and defendant property management company filed motions for summary judgment, in which they requested that the court dismiss the plaintiff’s claims. The court denied the motions, and the defendants appealed.

Liability in Slip and Fall Cases

A defendant moving for summary judgment in a slip and fall case must establish that the evidence, when taken at face value, shows that it did not create the dangerous condition that caused the plaintiff’s fall, nor did it have constructive or actual knowledge that the condition existed. A property owner does not have a duty to protect or warn people about conditions that are not obvious and open and not in and of themselves dangerous. Continue reading

Usually, when a rear-end collision occurs, it is because of the carelessness of the person driving the second vehicle. As such, in a lawsuit arising out of rear-end crashes, liability is often not in dispute. That is not always the case, however, and simply because one driver strikes another from behind does not automatically mean that fault for the accident is clear. The process of determining liability in a rear-end crash was the topic of a recent opinion issued by a New York court, in a matter in which it was ultimately determined that the issue of liability should be submitted to a jury. If you were injured in a rear-end car accident, you could be owed damages, and it is prudent to confer with a capable Buffalo car accident attorney to determine your options.

The Plaintiff’s Accident

It is reported that the plaintiff was driving a car that was struck in the rear by a vehicle operated by the defendant, which caused the plaintiff to suffer injuries. The plaintiff then sued the defendant for damages. Following discovery, the plaintiff filed a motion for summary judgment, asking the court to find that the defendant was liable for the accident as a matter of law. The court denied the plaintiff’s motion, and she appealed. On appeal, the trial court ruling was affirmed.

Proving Liability in Rear-End Crashes

Under New York law, a rear-end crash involving a car that is stopped or stopping establishes the negligence of the driver of the rear car, prima facie. As such, the rear driver must rebut the inference that he or she was negligent by offering a non-negligent excuse for the crash. Explanations that do not involve negligence may include the fact that the plaintiff’s car made a sudden lane change in front of the defendant, which required the defendant to stop suddenly. Continue reading

Buffalo Personal Injury Lawyer News

New York Court Discusses Property Owner Liability for Dangerous Conditions

New York Court Discusses Liability in Rear-End Collisions