Is Poor Lighting an Adequate Cause for Liability in A Slip-And-Fall Case?

Property owners, managers, and occupiers have a certain level of responsibility towards keeping their premises safe and free of known hazards for visitors, customers, guests, and other invited public. Poor lighting resulting in a slip and fall injury can be the cause of legal liability. An experienced premises liability attorney may be able to assign legal responsibility to the property owner or possessor for failing to maintain the property in a reasonably safe condition.

Factors to Consider Regarding Poor Lighting on a Georgia Property

It is natural to wonder whether you can hold someone responsible for your slip and fall accident if it happens on private or commercial property. Dealing with the aftermath of a preventable accident is especially frustrating. These are a few questions you should consider following an accident because of poor lighting:

• Why was the lighting insufficient in the first place?
• Should the property owner have cleaned up the debris that caused your fall?
• Is there any way that you can be blamed for the accident?
• How will you pay for your medical expenses related to the accident?
• Would hand railings have helped prevent your accident?
• Is there anyone that can be held liable for the fall?
• What is the usual jury award for such claims?
• How much can you recover by filing a personal injury claim?

After getting the answers to these questions, you should meet a skilled personal injury attorney. Your attorney will examine the details regarding your accident to determine if you have a successful claim to recover financial compensation. If you qualify for a personal injury claim, your attorney will work towards gathering and preserving evidence to build a solid case and negotiate with the insurance company.

Common Defenses Offered by Property Owners to Deny Compensation

The owner of the property and their insurance company may try to place the burden of liability on you when you bring a premises liability claim against them. These are a few typical defenses used by defendants:

• You slipped and fell because you weren’t paying attention.
• You were injured because you were in a place that was off-limits to the public and hence had inadequate lighting.
• Warning signs or yellow cones were placed to indicate a hazardous condition.
• Any other reasonable person would have noticed and kept away from the dangerous condition.

Poor Lighting is Grounds for a Premises Liability Claim

Commercial and residential property owners or occupiers can be held responsible for any accident that occurs because of poor lighting on their property. Premises liability makes property owners responsible for keeping their property safe. They have a duty to take extra care towards keeping the property safe.

All property owners have a responsibility to take necessary steps for ensuring the safety of their guests and customers. Business owners, in particular, have a high duty to maintain their property and remove any safety dangers. Property owners are required to take necessary steps towards identifying and fixing dangers.

If there are lights that are broken or burned out, they need to get the issue corrected before someone gets hurt. Property owners have the duty to install adequate lighting as well. Poor lighting accidents have the same standards of premises liability applying to them as other slip and fall accidents on a property.

How to Win a Slip and Fall Injury Claim Based on Poor Lighting?

Victims need to prove the following for winning a slip and fall injury claim:

• Duty: The property owner had a duty to ensure the victim remained safe on their property. This is proven automatically in commercial premises liability claims. This is an easy element to establish since every property owner has at least some duty towards the people entering the property. Based on this, you should consult with an attorney since the level of duty differs based on the purpose of entry.
• Breach of Duty: Breach of duty occurs when legal obligations are not met. The victim will need to prove the property owner did not have sufficient lighting given the circumstances.
• Causation: Your slip and fall incident should have resulted from inadequate lighting. You will need to prove a causal link between the accident and poor lighting to claim damages.
• Damages: You should have suffered damages as a result of the accident. You cannot file a claim based on your accident. You should also have suffered some type of injury, financial loss, or other quantifiable damages. Victims can claim compensation for pain and suffering when there are physical injuries. Damages are an important requirement for winning an inadequate lighting slip and fall claim.

Discuss a Winning Legal Strategy with our Premises Liability Attorneys to Maximize Damages

The dedicated attorneys at the law firm of DuBose Miller can advocate for your rights and make sure you get maximum compensation for your injuries and losses resulting from a property owner or manager’s negligence. Our attorneys have years of experience and know how to build a compelling claim based on facts and evidence. Schedule your free and confidential consultation with us today. Call (404) 720-8111 or write to us online.