Slip and Fall – Poor Lighting

A slip, trip, or fall due to poor lighting is more than just a mild annoyance. Such an accident can cause serious injuries, including sprains, fractures, and even head injuries. If you’ve been hurt because poor lighting on someone’s property caused unsafe conditions and reduced visibility, you have options.

In this QA article, attorney John Rosenberg breaks down what to do and who to call when poor lighting causes injury or harm.

Can I File A Lawsuit In California If Poor Lighting Caused My Slip And Fall Injury?

Yes. In California, property owners (including homeowners, landlords, and business owners) have a legal responsibility to make sure their promises are reasonably safe. This includes providing adequate, bright lighting in places like hallways, stairwells, parking lots, and entrances.

If poor lighting contributed to your slip and fall accident, you may have grounds for a premises liability claim.

How Is Liability Determined In A Slip And Fall Accident Due To Poor Lighting?

Liability is determined by establishing four factors. First, the property owner must have owed you a duty of care as an invited guest, shopper, or resident.

Second, they must have breached that duty of care by failing to provide adequate lighting in areas such as stairwells or a parking lot.

Third, this poor lighting must have caused or significantly contributed to your fall.

Finally, your fall must have resulted in injuries or damages (such as a sprained ankle or a head injury).

Courts will also consider if the property owner knew or should have known about the poor, unsafe lighting when deciding liability, as well.

What Types Of Evidence Strengthen A Slip And Fall Claim Related To Poor Lighting?

Effective evidence of poor lighting can include photos or videos showing dim lighting, unlit areas, or burned-out bulbs at the time of your injury.

Maintenance logs or inspection records may also reveal that lighting was not changed or serviced frequently enough, resulting in unsafe conditions. Previous incident reports filed with the property owner can be helpful, as well.

Witness statements and surveillance footage showing lighting conditions at the time of your accident can also be used as evidence.

Finally, expert testimony from building code inspectors can verify if lighting fell below acceptable, safe standards.

Remember, it’s important to get evidence of poor lighting before repairs are made, bulbs are changed, or safety is improved in the aftermath of your slip and fall.

Are California Property Owners Legally Required To Maintain Adequate Lighting To Prevent Slip And Fall Accidents?

Yes, they are. California law mandates that property owners are responsible for any injuries suffered on their property as a result of neglect or lack of ordinary care. This includes ensuring that lighting is sufficiently bright and available in places where lighting is needed for safe movement.

Compensation can, however, be reduced if you contributed to your accident. For example, if you were gazing at your phone instead of watching the path ahead of you when you tripped and fell. Still, partial recovery may still be possible, and you should always consult with an experienced personal injury attorney first.

Injured Because Of Poor Lighting? Reach Out Today!

If poor lighting has caused an injury, you may be entitled to compensation. Whether this injury happened on private or public property, owners still have an obligation to ensure that invited guests, shoppers, and pedestrians are safe.

Have questions, or in need of legal guidance? Reach out to the Law Offices of John P. Rosenberg at (818) 716-6400 for an initial consultation today.