Buffalo winters are notorious for icy conditions, which can create slip and fall hazards. If you slip and fall on ice this winter, it’s crucial to act quickly and carefully to protect both your health and your legal rights. This guide outlines the steps to take immediately after the accident, the importance of documenting everything, and how consulting an experienced personal injury lawyer can help you secure the compensation you deserve.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
What to Do Immediately After a Slip and Fall on Ice 
Slip and fall accidents on ice are common during Buffalo’s harsh winters. These accidents can lead to serious injuries, from sprains to fractures, and sometimes even head injuries. If you find yourself injured after a fall on icy surfaces, your first concern should always be your health. After ensuring you are safe and stable, the following steps should be followed to ensure the best chance at a full recovery and potential legal action if necessary.
- Assess the Situation and Check for Immediate Injuries
When you slip and fall, your body might experience a shock, and the adrenaline from the fall could mask some injuries. This is why it’s important to immediately assess your physical condition. Even if you don’t feel intense pain, some injuries, such as sprains, fractures, or concussions, may not be immediately noticeable.
- Look for visible signs of injury: Check for bruises, cuts, or signs of swelling. If you feel any pain in your bones, joints, or head, these could be warning signs of serious injuries.
- Don’t move too quickly: If you’re in pain, it’s best not to get up right away. Try to stay where you are and avoid moving excessively until help arrives or you feel certain that moving will not make the injury worse.
- Consider your neck and back: If you fell hard or your head struck the ground, you could have sustained a neck or back injury. Be cautious about how you move in case there’s damage to the spine.
- Seek Medical Attention Right Away
Even if you feel you can walk it off, you should see a doctor immediately. Some injuries, like head trauma or soft tissue damage, can worsen over time and might not be apparent right away. Seeking medical attention as soon as possible ensures that any serious injuries are addressed promptly and documented for any future claims.
- Get checked out: Even if you think you’re fine, it’s better to have a healthcare professional evaluate you. A doctor’s visit will document the extent of your injuries, which is crucial for both your health and potential legal claims.
- Follow up on treatments: If your doctor prescribes treatments or physical therapy, follow their advice closely. Proper medical records showing your efforts to recover will help prove the extent of your injuries when pursuing compensation.
- Report the Incident to the Property Owner or Manager
If the accident occurred on someone else’s property, whether it’s a private residence, a business, or public space, you should report the incident immediately. A failure to report the incident promptly may make it more difficult to hold the property owner liable for the accident.
- Document your communication: When you report the accident, make sure you do so in writing (if possible), and keep a copy of your communication for your records.
- Property owner responsibility: Under New York law, property owners have a duty to ensure their premises are safe. If they fail to remove ice or warn people of slippery conditions, they could be held accountable for the accident.
- Gather Evidence and Document the Scene
Collecting evidence right after a fall is crucial for both medical and legal purposes. The more information you can provide, the stronger your case will be if you decide to file a personal injury claim.
- Take photos: Use your phone or a camera to capture the condition of the ice and the surrounding area. Focus on areas that show the cause of your fall, such as an untreated patch of ice or poor lighting.
- Witness statements: If there were any witnesses to your fall, ask for their contact information and a brief statement about what they saw. Their testimony may help corroborate your version of the events.
- Look for signs of negligence: Did the property owner fail to put up warning signs? Were there any obvious safety violations, such as neglected ice removal? These factors are essential in establishing liability.
- Don’t Admit Fault at the Scene
It’s essential to avoid making any statements that could suggest you were responsible for the fall. Even if you think you may have slipped due to a mistake, such as walking too fast, statements about fault can harm your case if you later decide to pursue compensation.
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- Keep it neutral: Simply explain what happened without admitting fault. Leave the determination of fault to investigators or your lawyer.
- Let the property owner report: If the fall occurred on someone’s property, the owner or manager should be the one to file the incident report, not you. Focus on your recovery and leave the rest to professionals.
The Importance of Contacting a Personal Injury Lawyer
Slip and fall accidents can lead to serious injuries that require substantial medical treatment and time off work. In these situations, contacting an experienced personal injury lawyer can help you understand your legal rights and ensure that you are fully compensated for your injuries. An attorney can guide you through the process of filing a claim and help you gather the necessary evidence to strengthen your case.
Why Legal Representation is Essential
After a slip and fall on ice, it’s not always clear who is liable. In some cases, property owners might argue that the ice was “an act of nature” or that you were responsible for your fall. Without legal help, you may struggle to hold the responsible party accountable for your injuries.
- Experience in slip and fall cases: Lawyers specializing in personal injury law understand the nuances of these types of cases. They can help you prove that the property owner was negligent, either by not removing the ice or failing to warn visitors of potential hazards.
- Negotiating with insurance companies: Insurance companies are often eager to settle cases quickly and for less money than you deserve. Having an experienced lawyer by your side ensures that you get a fair settlement that covers all your medical expenses, lost wages, and pain and suffering.
How a Lawyer Can Help You Build a Strong Case
To file a personal injury lawsuit or settle a claim, you need evidence that the property owner failed in their responsibility to keep the premises safe. A personal injury lawyer can help you gather the following types of evidence:
- Witness statements: As mentioned, obtaining statements from witnesses who saw the fall can strengthen your case.
- Medical records: Medical documentation showing your injuries and the treatments you received will be key evidence in determining the compensation you are entitled to.
- Maintenance records: If you’re claiming that the property owner didn’t maintain the premises, your lawyer can request access to maintenance records, which may reveal a history of neglect.
Common Causes of Ice Slip and Fall Accidents in Buffalo
While ice is a common cause of slip and fall accidents in Buffalo, there are a variety of other factors that contribute to these incidents. Understanding these factors can help you stay safer and know when and where to be cautious.
Property Owner Negligence
In Buffalo, many accidents occur because property owners fail to properly maintain walkways, parking lots, and sidewalks. The city’s harsh winters make it critical that owners clear snow and apply ice melt consistently. Failing to do so leaves residents, shoppers, and employees at risk.
- Commercial properties: Business owners are responsible for ensuring that their customers and employees are not injured on their property due to slippery conditions. This includes salting parking lots, walkways, and staircases.
- Private residences: Homeowners must also maintain their sidewalks and driveways. In Buffalo, if you fall on someone’s residential property due to poor upkeep, you may have grounds for a claim.
- Public spaces: While city-owned property like sidewalks and roads is often cleared by the city, failures in treatment can still lead to accidents. If you fall on a public sidewalk, there may be an option to seek compensation from the local government.
How to Prevent a Slip and Fall on Ice
While knowing what to do after an accident is essential, it’s equally important to take precautions to avoid accidents in the first place. With Buffalo’s cold winters, preventing a slip and fall should be part of your routine.
Tips for Staying Safe on Icy Walkways
- Wear proper footwear: Shoes with non-slip soles are essential when walking on icy surfaces. Avoid wearing slippery shoes, such as high heels or slick boots.
- Look for ice hazards: Keep an eye out for any patches of ice, especially in shady areas or places that are difficult to see due to poor lighting.
- Use ice melt: If you are a homeowner or business owner, be sure to use ice melt on walkways and driveways. This can significantly reduce the risk of falls.
- Move cautiously: When walking on icy ground, take smaller steps and avoid rushing. Move deliberately and keep your balance low to the ground.
Slip and fall accidents on ice in Buffalo are not uncommon, and they can lead to serious injuries. It’s essential to act quickly and carefully after such an accident to protect your health and your legal rights. From seeking immediate medical attention to documenting the scene, the right actions can make a significant difference in the outcome of your case. If you or someone you know has experienced a slip and fall injury this winter, contact Friedman & Ranzenhofer today to discuss your legal options and ensure that you receive the compensation you deserve.