Injured Because Your Neighbor Was Careless? 

Here’s How to Hold Them Accountable in Buffalo

Mishaps do occur, but when you are injured because your neighbor wasn't careful, it's infuriating and plain unjust. Perhaps they neglected a hazardous tree, let their pet loose, or failed to mend that unstable fence. Now, you find yourself with medical expenses, lost wages, and a whole lot of anxiety. So, what is your recourse? 

At Horn Wright, LLP, one of the top law firms in America, we have personal injury lawyers who understand how overwhelming this experience will be and are here to help you navigate your options and stand for what you deserve. 

When Your Neighbor's Negligence Turns Dangerous: Do You Have a Case?

In Buffalo, there is a duty for property owners to make their premises safe. If your neighbor does not do so and you are injured, you may have a good claim. Negligence occurs when someone does not exercise reasonable care, and because of that lack of action, they cause an injury. Let's say your neighbor was aware that their sidewalk was in disrepair but never fixed it. If you slip and sprain your ankle, they may be liable.

To establish negligence, you must demonstrate:

Duty of Care: Your neighbor owed you a duty to keep their premises safe.

Breach of Duty: They failed to repair or warn you of a hazardous situation.

Causation: Their failure was the direct cause of your harm.

Damages: You actually suffered losses, such as medical bills or lost wages.

If your neighbor's broken railing on the staircase collapsed under you when you were over there, that is a classic case of negligence. You were relying on it to support your weight, and their neglect to repair it led to your fall.

A Tree, a Fence, or a Pet—When a Neighbor's Property Puts You in Harm's Way

At other times, it's not the neighbor himself—it's his property which is the issue. Here's how things develop differently:

Falling Branches or Trees: Buffalo's harsh winters are hard on trees. If your neighbor neglects a dead or decaying tree and it falls on your property, hurting you, they may be liable, particularly if you had warned them in advance.

Broken Fences: A broken fence may be more than just an eyesore. If it does collapse and you or your child gets hurt, your neighbor could owe you money. Shared fences? That can be sticky, but both of you could be responsible.

Pets: If your neighbor's dog is a repeat offender and bites you, New York law states they're on the hook. Even if they say, "Oh, he's never done that before," earlier incidents, such as growling or lunging, can demonstrate that they needed to take caution.

The solution? Document everything. Photos, texts, emails—it all works in case you need to file a claim.

Suffering After an Injury on a Shared Property Line? Here's What to Do

Property lines may be gray areas, both literally and legally. If you're injured in a shared driveway or alley between two houses, liability is fuzzy, but don't panic. This is what you need to do:

Get Medical Help: It's a small cut or an emergency injury, don't discount it. Buffalo General and Erie County Medical Center are good places to go if you need to go right away.

Take Pictures: Snap photos of the scene, the hazard, and your injuries. If there’s ice on a shared sidewalk or a hidden pothole, you’ll want proof before it’s cleaned up.

Talk to Witnesses: If anyone saw what happened, get their contact info. A neighbor’s statement can strengthen your case.

Inform Your Neighbor: They may not even be aware their property hurt you. Sometimes, just talking to them can resolve the issue without litigation.

Consult an Attorney: If the injury is severe and your neighbor refuses to accept responsibility, personal injury lawyers can guide you through your rights and present a solid case. In New York, you usually have three years to file—so don't delay.

Buffalo Compensation: What Your Neighbor Owes You Following an Injury

 If your neighbor was careless and injured you, they may owe you compensation. Here is what you can potentially recover:

Medical Expenses: This covers all the way from emergency room visits to physical therapy. If you were treated at Mercy Hospital or you saw a private physician, save your receipts.

Lost Wages: If your accident caused you to miss work, you can recover lost wages. This is particularly significant if you have a job that requires heavy physical labor.

Pain and Suffering: In addition to the physical damage, you may be suffering from anxiety, stress, or even PTSD. The law entitles you to recover for that as well.

Property Damage: If your neighbor's falling tree hit your car or their fence cracked your house, they may owe you for the repairs.

In contrast to a few states, New York also does not place a limit on personal injury recovery, so you can seek complete compensation for what you lost. Skilled personal injury lawyers will ensure you obtain the highest compensation available.

Property Damage vs. Personal Injury Claims

All claims are not alike. It makes a difference:

Property Damage: If your neighbor's carelessness damages your property (such as their tree hitting your garage), you'd make a claim for property damage. Buffalo's small claims court can adjudicate cases worth up to $10,000, so that could be the way to go for small problems.

Personal Injury: If you are physically injured (such as tripping over their broken sidewalk), you'd make a personal injury claim. This includes compensation for medical bills, pain and suffering, and lost income.

Understanding what kind of claim to make guarantees you receive the proper type of compensation.

Establishing Your Neighbor's Liability

If you're filing a claim, you'll require good evidence. This is what works:

Photos & Videos: Document the hazard prior to them repairing it or cleaning it up. 

Maintenance Records: If there have been previous complaints regarding the problem (such as a tree that has been decaying for years), that supports your case.

Witnesses: Testimony from other neighbors, delivery people, or passersby can be crucial.

Expert Testimony: If necessary, a tree professional, contractor, or inspector can support your case.

The more solid your evidence, the greater your chances of receiving compensation.

How to Sue a Neighbor Without Ruining Your Relationship

Nobody wants a lawsuit to become a neighborhood grudge. If you must sue, here's how to remain civil:

Talk First: Sometimes, a direct but friendly conversation can solve the problem. They might offer to cover your expenses without a formal lawsuit.

Try Mediation: Buffalo has mediation services, like the Center for Resolution and Justice, that help neighbors settle disputes without going to court.

Let a Lawyer Handle It: A Buffalo injury lawyer can deal with the legal side while keeping things as stress-free as possible for you.

At the end of the day, you deserve to feel safe in your own neighborhood. If your neighbor’s negligence put you in harm’s way, don’t let guilt or awkwardness stop you from getting the compensation you deserve. Horn Wright, LLP's personal injury attorneys have helped countless Buffalo residents fight for justice, and we’re ready to do the same for you. Call us today for a complimentary consultation—let us win the legal fight while you recover.