Buffalo Tailgate Safety & What To Do If You’re Hurt At One
Football season in Buffalo brings thousands of fans together for one of the city’s favorite traditions: tailgating. Whether you’re attending an organized tailgate party, or meeting at a local bar before kickoff, tailgating is a big part of the game-day experience in Western New York.
At the same time, crowded parking lots, moving vehicles, outdoor cooking equipment and alcohol can create safety risks. Injuries can happen when someone trips over equipment, gets struck by a vehicle, suffers a burn, or encounters a dangerous condition that could have been prevented.
If you’re injured at a Buffalo tailgate because of someone else’s negligence, you may have grounds for a personal injury claim. Contact Cellino Law for a free case evaluation online, or call 888-888-8888 to speak with a member of our team. There’s no fee unless we win your case.
Key Takeaways About Buffalo Tailgate Safety
- Common tailgate accidents include slips and falls, pedestrian collisions, burns, falling equipment and alcohol-related injuries.
- Property owners, event organizers, drivers and other attendees may be responsible when their negligence contributes to an injury.
- Keeping walkways clear, securing equipment, following safe grilling practices and watching for moving vehicles can help reduce the risk of accidents.
- If you’re injured at a tailgate, seek medical attention, report the incident, and preserve photographs, witness information and other evidence.
- New York generally gives injured people three years to file a personal injury lawsuit, although some claims have shorter deadlines.
What Are the Most Common Tailgate Accidents and Injuries?
Tailgating brings together a unique mix of cars, pedestrians, cooking equipment and tents or tables into parking lots and other outdoor spaces. As the tailgates become more crowded, potential hazards can be harder to spot and avoid.
Common tailgate accidents include:
- Slips, trips and falls: Uneven pavement, spilled drinks, loose extension cords, icy surfaces during the winter, and poorly placed equipment can create dangerous walkways.
- Pedestrian accidents: Drivers navigating crowded parking lots may fail to see people walking between parked vehicles or crossing traffic lanes.
- Burn injuries: Hot grills, portable heaters, open flames and improperly handled propane equipment can cause serious burns.
- Falling equipment: Tents, canopies, tables and other structures can collapse or roll over if they are not properly secured.
- Alcohol-related accidents: Impaired driving, physical altercations and other unsafe behavior can result in injuries to other attendees.
The circumstances of an accident can affect whether another person or business may be legally responsible for the resulting injuries. For example, liability for an injury caused by a negligent driver is likely going to be different than a fall caused by an unsafe condition in a privately operated parking lot, depending on who it’s owned by.
How Can You Stay Safe While Tailgating in Buffalo?
Whether you’re attending a football game or gathering with friends at a local tailgate party, a few basic precautions can help reduce the risk of getting hurt. Many common tailgate accidents involve hazards that can be identified and addressed before someone gets injured.
Watch for Moving Vehicles
Parking lots are often some of the busiest areas surrounding a football game. Drivers may be searching for parking spaces, unloading equipment or trying to navigate through crowds of pedestrians, making it especially important for everyone to stay aware of their surroundings.
Drivers should travel slowly, avoid distractions and carefully check for pedestrians before backing up. Fans should also pay attention to traffic lanes and avoid walking behind vehicles that may be preparing to move, particularly when trucks, tents or other equipment limit visibility.
Follow Safe Grilling Practices
Grills, propane tanks and other cooking equipment can cause serious injuries when used improperly. Hot surfaces, open flames and leaking fuel can put nearby attendees at risk, especially in crowded tailgating areas.
Grills should be placed on stable surfaces away from vehicles, tents and other combustible materials. Cooking equipment should never be left unattended, and children and pets should be kept away from active cooking areas. Allowing equipment to cool before moving or storing it can also help reduce the risk of burns and fires.
Prepare for Buffalo’s Changing Weather
Football season in Buffalo can bring rain, strong winds, snow and freezing temperatures, all of which can create additional hazards at a tailgate. Wet or icy conditions can make walking surfaces slippery, while strong winds can cause unsecured tents, canopies and other equipment to collapse or move unexpectedly.
Wearing appropriate footwear, securing equipment and avoiding areas where water or ice has accumulated can help reduce the risk of falls and other weather-related injuries.
Keep Tailgating Areas Clear
Tailgating often involves folding chairs, coolers, tables, generators and extension cords. When these items are scattered throughout a gathering area, they can create tripping hazards or block paths that people need to use.
Keeping equipment organized, cleaning up spills and leaving walkways clear can make the area safer for everyone. Event organizers should also keep emergency access routes open and avoid overcrowding areas where people are expected to walk.
Who Is Liable if Someone Gets Hurt at a Buffalo Tailgate?
Determining who may be responsible after a tailgate accident depends on where the injury occurred, what caused it and whether another person or business failed to take reasonable steps to prevent a foreseeable danger.
Under New York personal injury law, negligence generally involves failing to exercise reasonable care and causing another person to suffer an injury. However, simply getting hurt at a tailgate does not automatically mean someone else is legally responsible.
Depending on the circumstances, potentially responsible parties could include:
- Property owners: Owners or operators of parking lots and event spaces could potentially be responsible for injuries caused by dangerous conditions they created, knew about or reasonably should have discovered.
- Event organizers: Businesses or organizations hosting tailgates could potentially face liability if negligent event setup, equipment maintenance or safety practices contributed to an injury.
- Drivers: A driver who strikes a pedestrian or causes a collision through distracted, impaired or otherwise negligent driving could be responsible for resulting injuries.
- Other attendees: Someone whose careless handling of equipment, grills or other items causes another person to get hurt could potentially be liable.
More than one party can share responsibility for an accident. Evidence such as photographs, surveillance footage, witness statements and incident reports can help establish what happened and whether someone failed to take reasonable precautions.
What if Alcohol Is Involved in a Tailgate Accident?
Alcohol is common at football tailgates, but its presence alone does not determine who is legally responsible for an injury. Liability depends on what happened, the conduct of the people involved and whether someone violated a legal duty.
For example, an intoxicated driver who injures a pedestrian could be responsible for the resulting damages. New York also has laws addressing certain situations involving the unlawful sale or provision of alcohol.
Under New York State law, a person injured by an intoxicated individual may have a claim against a party that unlawfully sold alcohol to that person, provided the requirements of the law are met.
These claims can involve additional legal questions beyond ordinary negligence. An attorney can review how alcohol factored into the accident and whether any other parties may have legal responsibility.
Can You File a Personal Injury Claim After a Tailgate Accident?
If someone else caused your injury, you may be able to pursue a personal injury claim if they acted negligently. Establishing liability for these types of claims usually requires you to show that another party failed to act with care and caused an injury.
For example, imagine a fan who trips over an extension cord stretched across a walkway at an organized tailgate. An investigation could look at who placed the cord there, whether it created an unreasonable hazard, whether the responsible party knew or should have known about it, and whether reasonable steps could have been taken to prevent someone from falling.
New York’s comparative negligence rules can also affect how much compensation you can recover after an accident, especially if you shared fault for the accident. Car accidents follow what’s known as modified comparative negligence, meaning you may be barred from recovering any compensation if you were over 50% responsible. However, in many injury cases, like premises liability cases, compensation is reduced according to the injured person’s percentage of fault rather than automatically being eliminated if they exceed 50%.
What Should You Do if You’re Injured at a Buffalo Tailgate?
If you’re injured at a tailgate, take these steps afterward to help preserve information that may become important if you decide to pursue a personal injury claim.
- Seek medical attention. Get emergency care for serious injuries and arrange a medical evaluation if you believe you’ve been hurt. Some injuries, including concussions, may not be obvious immediately.
- Report the incident. Notify the property owner, event organizer or security personnel. Ask whether an incident report can be completed and how you can obtain a copy.
- Document the scene. Take photographs or videos of the conditions that contributed to your injury, including damaged equipment, uneven pavement or other hazards.
- Identify witnesses. Ask anyone who saw the accident for their name and contact information.
- Preserve records. Keep medical documents, photographs, receipts, event tickets and communications related to the incident.
- Speak with an attorney. A personal injury lawyer can investigate the circumstances, identify potentially responsible parties and explain your legal options.
Some evidence can become difficult to obtain once after the accident happens. Equipment may be packed away, dangerous conditions can be corrected and surveillance footage may eventually be overwritten. Preserving available information as soon as possible can make it easier to establish what happened.
How Long Do You Have to File a Tailgate Injury Claim in New York?
New York law limits how long an injured person has to file a personal injury lawsuit. Missing the applicable deadline can prevent someone from pursuing compensation, even when another party’s negligence caused the injury.
Under New York Law, most personal injury lawsuits based on negligence must be filed within three years of the accident.
Some claims, however, have shorter deadlines. Claims involving municipalities or other government entities, for example, may require a Notice of Claim within 90 days.
Because the applicable deadline can depend on the circumstances of the accident and the parties involved, it’s important to determine which rules apply rather than assuming every tailgate injury claim has a three-year deadline.
What Compensation Can You Recover After a Tailgate Injury?
A tailgate injury can result in medical expenses, missed work and lasting physical limitations. If someone else’s negligence caused the injury, compensation may be available for both financial losses and the personal impact of the accident.
Depending on the circumstances, the available damages could include:
- Medical bills and future treatment expenses
- Lost wages and reduced earning ability
- Rehabilitation and physical therapy costs
- Pain and suffering
- Permanent disabilities or physical limitations
- Other accident-related expenses
The amount of compensation available depends on factors such as the severity of the injury, the evidence supporting the claim and whether the injured person or other parties share responsibility. Medical records, employment documentation and other evidence can help establish the extent of these losses.
Injured at a Buffalo Tailgate? Contact Cellino Law
Tailgating is one of Buffalo’s favorite football traditions, but crowded parking lots, unsafe equipment and careless behavior can put fans at risk. Taking reasonable precautions can help prevent accidents, while knowing what to do after an injury can help protect your health and legal rights.
If you were injured at a tailgate because of someone else’s negligence, Cellino Law can investigate what happened, identify potentially responsible parties and help you pursue the compensation available under New York law.
Schedule a free case evaluation online or call 888-888-8888 to speak with a member of our team. There’s no fee unless we win your case.
Content checked by the personal injury attorney Timothy Cellino
Timothy Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community.
I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens, and other locations throughout New York, New Jersey, and Connecticut.
