Gates, NY Slip and Fall Accident Lawyers

Injured on Unsafe Property in Gates? It Wasn’t Just Bad Luck: It May Be Negligence

It’s easy to brush off a fall, a twist, or a jolt and tell yourself it was just bad luck. But in Gates, many of the injuries we see didn’t happen by chance, they happened because someone failed to maintain their property. Whether it was cracked pavement near Ridgeway Avenue, black ice outside the Wegmans on Lyell, or a missing railing near a rental unit, the result is the same: you’re left hurting and paying the price.

At Horn Wright, LLP, our slip and fall accident lawyers help Gates residents understand what really caused their injury, and what they’re entitled to because of it. When a business, landlord, or even the town fails to make a property safe, they can be held legally accountable. And that’s where we come in.

Step One: What to Do Right After You’re Hurt

You’re caught off guard, maybe embarrassed, definitely hurting. You might want to get home and deal with the pain later. But what you do in the first few hours can seriously shape the outcome of your case.

Always get medical attention first. Whether that’s urgent care or the ER at Unity Hospital, the sooner you’re checked out, the stronger the connection between your injury and the accident. Some injuries, like head trauma or torn ligaments, don’t show up right away but can worsen quickly without treatment.

Next, try to gather names and numbers of anyone who saw what happened. A passing shopper, a store clerk, even someone who helped you up. Witnesses help fill in gaps later when property owners push back.

And don’t assume someone else will report the problem. Notify store staff, a manager, or building maintenance. Ask that a formal report be made and request a copy if possible. It may feel awkward in the moment, but it can protect you down the line.

Common Premises Hazards Across Gates

Property-related injuries don’t require extreme conditions. The danger is usually subtle, a routine trip to the store, a short visit to a friend’s house. But even small hazards can cause serious harm, especially when they’ve been ignored.

Parking lots are one common danger zone. Crumbling concrete, uneven asphalt, or sunken drain areas near shopping centers or apartment complexes make walking treacherous, especially for older adults or people with mobility concerns. Snowplow damage and years of neglect often make these worse.

Store entrances are another key issue, particularly during Western New York winters. Slippery tile floors, snow tracked inside without mats, and water that isn’t promptly mopped can all lead to avoidable falls.

Older apartment buildings, especially those near Coldwater Road or Elm Grove, often suffer from wear and tear. Loose stair rails, unstable front steps, or rotted porch supports aren’t just violations of good maintenance, they’re accidents waiting to happen.

When property owners let these issues go unresolved, they’re risking your safety. And under New York law, they can be made to answer for that.

The Law in New York and How It Applies to Your Injury

Premises liability isn’t about freak accidents. It’s about responsibility. If someone had control over the space where you were injured, and they failed to keep it reasonably safe, that’s where the law comes into play.

Premises liability law in New York holds property owners, tenants, and sometimes municipalities accountable when hazards on their land hurt someone. To win a claim, we must show that the property was unsafe, that the person in charge knew (or should’ve known) about the danger, and that it directly caused your injuries.

Negligence isn’t just about what happened, it’s about what didn’t. If there were no warning signs, no effort to fix the hazard, or a clear history of similar complaints, we use that to show the injury was preventable.

There are also important time limits. In most cases, you have three years to file a personal injury claim under CPLR § 214(5). But if the injury happened on public property—like a town-owned sidewalk or municipal building—you must file a Notice of Claim within 90 days, per General Municipal Law § 50-e. That clock starts fast, and if you miss it, your case could be over before it begins.

Who’s to Blame, and Why That’s Not Always Straightforward

People often assume it’s the property owner who’s at fault, but that’s not always true. Responsibility might fall to someone who leases the space, manages it, or provides upkeep services.

In apartment complexes, landlords usually carry the burden. But if a tenant created the hazard, they could be responsible instead. Commercial spaces are trickier, tenants in shopping plazas may be liable for conditions inside their business, while owners handle exterior spaces like sidewalks and parking lots.

And don’t overlook public property. If you tripped over an uneven sidewalk on Wegman Road or fell on black ice outside the Gates Town Hall, the Town of Gates itself may be the liable party. But that also means stricter deadlines and procedures, something our legal team navigates every week.

What Your Lawyer Needs to Prove

Every successful premises liability case boils down to three things. First, we prove the space had a hazard. That could be broken stairs, unsalted ice, poor lighting, or anything else that made the property unsafe under normal use.

Second, we show the property owner, or responsible party, knew about the danger or should have known. That includes maintenance logs, prior complaints, camera footage, or employee testimony. If there’s a history, we find it.

Finally, we connect your injury directly to that condition. This is where medical records, diagnostic scans, and expert statements come in. Pain is real, but we help you show it in a way insurance companies and courts can’t ignore.

What You Could Recover in a Premises Lawsuit

A strong case isn’t just about fault, it’s about impact. When your injury costs you physically, emotionally, and financially, you deserve compensation that reflects the full scope of that loss.

• Medical expenses, from ER visits and imaging to surgery or months of physical therapy, form a major part of your claim. We include both current bills and projected future care.
• Pain and suffering counts, too. Whether it’s daily discomfort, the loss of mobility, or simply not being able to do what you love anymore, that experience deserves to be acknowledged.
• Lost wages from time off work are also recoverable. If your injury affected your hours, led to demotion, or forced you to change roles entirely, we fight to get that money back.

We also protect against attempts to reduce your payout through shared fault. Under CPLR § 1411, your compensation can be lowered if you're found partially responsible—but we build your case to push back hard against that.

How Monroe County Courts Handle These Disputes

Once we file your claim, the case enters the Monroe County legal system. That starts with a complaint, then moves into a discovery phase where both sides exchange evidence. We gather witness statements, photographs, video footage, and expert opinions to support your claim.

Most cases settle before trial, but if the other side won’t take your injuries seriously, we don’t hesitate to bring the case into court. We prepare thoroughly either way, because you deserve a resolution that actually covers what you’ve lost.

We’ll also handle communication with insurers, paperwork, and scheduling. You stay focused on recovery while we handle everything else.

Horn Wright, LLP, Is Ready to Help You in Gates

You shouldn’t have to pay for someone else’s neglect. At Horn Wright, LLP, our premises liability lawyers are here for Gates residents who were injured on unsafe property, whether at a business, in an apartment complex, or on town land.

We’re proud to be recognized nationally for excellence in injury law, and we bring that same grit and attention to every local case.

Let’s talk. We’ll get you answers—and we’ll help you take the next step toward accountability and recovery.