If you’ve been involved in a slip and fall accident on public property in Buffalo, you may be feeling confused and overwhelmed. Accidents like this can be sudden and traumatic, leaving you wondering what your next steps should be. It’s normal to have questions about whether you can hold the city accountable, especially when you’re unsure of how the legal process works. At times like this, it’s crucial to have someone on your side who can guide you through the legal process and help you understand your rights.
You might be dealing with medical bills, recovery time, or even the loss of income from being unable to work. It’s understandable to feel frustrated and uncertain about what to do next. We are here to help you navigate through this difficult time, providing the support and guidance you need to pursue your case. At, Friedman & Ranzenhofer, PC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Slip and Fall Claims on Public Property
When a slip and fall accident occurs on public property, the legal questions become a bit more complex. Public property is typically owned and maintained by the city or government entities, meaning the rules surrounding slip and fall lawsuits are different than those on private property. Unlike private property owners who have a duty to maintain safe conditions, the city may not be held liable for every slip and fall on public property. However, there are certain situations where a claim can be made.
To successfully sue the city of Buffalo for a slip and fall, you will need to show that the city was negligent in maintaining the property, and that this negligence caused your accident. This could involve proving that the city was aware of the dangerous condition and failed to take action in a timely manner. This might include things like poorly maintained sidewalks, potholes, or icy conditions that weren’t addressed quickly enough.
The Concept of Governmental Immunity
One of the main legal hurdles when suing a city or other government entity for a slip and fall accident is governmental immunity. Governmental immunity is a legal principle that protects government entities from certain types of lawsuits. Essentially, it means that the government can’t be sued for everything, and only certain actions or inactions can be challenged in court.
In the case of a slip and fall accident, you may be able to overcome governmental immunity if you can show that the city’s negligence directly led to your accident. This can be challenging, but it’s not impossible. For example, if the city failed to repair a broken sidewalk or neglected to treat ice during the winter months, you may have a case.
The Importance of Proving Negligence
Negligence is the key element in any slip and fall case, including those involving public property. To prove negligence, you must show that the city or government entity responsible for maintaining the property had a duty to keep the area safe, that they failed in this duty, and that their failure directly caused your injury.
This means you will need evidence to support your claim. Evidence can include photographs of the scene, witness statements, medical records, and reports of the dangerous condition. The more detailed the evidence, the better chance you have of proving negligence. This is why it’s so important to gather as much information as possible immediately after the accident.
Filing a Claim Against the City of Buffalo
Filing a claim against the City of Buffalo or any government entity comes with strict rules and timelines. Unlike regular personal injury claims, lawsuits against the government are subject to specific notice requirements. In New York, you must file a Notice of Claim within 90 days of the accident. This notice is a formal document that alerts the government of your intention to sue and provides basic details about the accident.
If you miss the 90-day deadline for filing the Notice of Claim, you may lose your right to pursue a case against the city altogether. This is why it’s so important to act quickly after a slip and fall accident, so that your rights are protected. Once the notice is filed, the government typically has 30 days to respond, and you can then proceed with your lawsuit if necessary.
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Challenges in Suing the City of Buffalo
Suing the city or any government entity presents unique challenges. Governmental entities often have resources and legal teams dedicated to defending them against lawsuits, which means that you will likely face an uphill battle in pursuing your case. Additionally, the standards of proof for proving negligence are higher in government-related cases.
Another challenge is the possibility that the city may argue that they were not responsible for maintaining the specific area where your slip and fall occurred. They may try to shift blame to another party or argue that the hazardous condition was not something they were aware of or should have been aware of. As a result, it’s important to work with a law firm that understands the complexities of government-related slip and fall claims and can help you fight for your rights.
The Role of an Attorney in Your Case
Given the complexities of suing a government entity, it’s vital to have an experienced attorney by your side who can help you navigate the process. An attorney can help you gather the evidence you need, file the required notices on time, and represent you in court. Most importantly, a lawyer will be able to evaluate your case and determine whether or not you have a valid claim against the City of Buffalo.
Having a legal professional who understands the specific laws and deadlines related to slip and fall accidents on public property can make a huge difference in the outcome of your case. They can also provide you with the peace of mind that you are doing everything possible to pursue justice.
If you’ve been injured in a slip and fall on public property in Buffalo, it’s important to know that you have options. You don’t have to go through this process alone. At Friedman & Ranzenhofer, PC, we understand how difficult it can be to recover from an injury, especially when you’re dealing with a government entity that may try to avoid responsibility.
Our team is here to offer you compassionate legal support and guide you through every step of your case. We will work hard to ensure that your rights are protected, and we will fight for the compensation you deserve. We understand the stress and frustration that comes with pursuing a case against the government, and we are committed to helping you get the best possible outcome.
If you’ve been injured in a slip and fall accident on public property in Buffalo, don’t wait. Contact Friedman & Ranzenhofer, PC today to schedule a consultation. Let us help you move forward and fight for the justice you deserve.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup