When you think of a slip-and-fall injury, you might picture someone slipping on a wet floor or icy surface. But poor lighting is also a common cause of these injuries, and one that the property owner may be liable for.
If you were injured on someone else’s premises due to poor lighting, consult a New York slip-and-fall lawyer to learn your legal options.
How Can Poor Lighting Contribute to Slip-and-Fall Injuries in New York?
It is common knowledge that poor lighting can be dangerous. We rely on adequate lighting to make sense of our environments and avoid hazards. Good lighting is also necessary for others to see us.
Inadequate lighting can lead to accidents in a range of scenarios. For example, a 2024 study found that pedestrian accidents were more likely to happen at night, and pedestrians injured in the dark were five times more likely to be killed than those struck during the day. Pedestrians struck without a streetlight nearby were 2.4 times more likely to be killed than those illuminated by a streetlight.
Poor lighting can also increase the risk of slipping, falling, and suffering an injury. When a property does not have adequate lighting around corridors, stairways, or other tight areas, visitors can easily trip over an unseen obstacle and become injured. This also applies to outside areas around the property, such as poorly lit parking lots, in which a visitor trips over a curb.
When Is a Property Owner Liable for Slip-and-Fall Injuries Due to Poor Lighting?
We know that poor lighting can lead to slip-and-fall injuries, but when is the property owner liable for such incidents? New York slip-and-fall laws state that a few facts must be true for an injured visitor to have a premises liability claim:
- The property owner owed the visitor a duty of care and breached that duty.
- The breach of duty caused an injury.
- There was a defective condition on the property that led to the injury.
- The property owner had actual or constructive notice of the defective condition with enough time to warn about or fix it.
Actual notice refers to direct knowledge of the hazard, while constructive notice refers to presumed knowledge based on the idea that a reasonable person would have known about it.
In cases of inadequate lighting, you may need to prove that the property owner knew or reasonably should have known about the lighting defect in that area. So if a light bulb burned out and immediately created a hazardous situation in which you became injured, the property owner may not be liable. But if there was never a lamp or lightbulb in that area to begin with, you may have an easier time proving that the inadequate lighting existed for a significant amount of time.
There may also be conflicting opinions over what is considered “poor lighting.” Everyone has different visual capabilities and comfort levels in different types of lighting. The court may use the “reasonable” standard here, too, to determine whether the lighting conditions were poor enough that any reasonable person would have also been at risk of slipping and falling.
Because there are many elements to consider in a slip-and-fall case arising from poor lighting, working with a personal injury lawyer in New York from the beginning is often a good idea.
Pursuing Premises Liability Claims for Inadequate Lighting
If your attorney has deemed that you may have a legal claim for injuries due to poor lighting conditions, you would generally start by filing an insurance claim through the property owner’s liability insurance. This claim could reimburse you for medical expenses and lost wages arising from your accident.
If the insurance claim is insufficient to cover your damages, your next step may be pursuing legal action. This could allow you to seek non-economic damages, such as pain and suffering or emotional distress, to account for the physical and emotional toll the accident has taken on you.
For a successful case, you will need evidence proving the property owner’s negligence and specifically proving that the poor lighting conditions caused your slip and fall. Strong evidence might include:
- Video footage of the accident (such as from a security camera)
- Witness testimonies, especially those agreeing that the lighting in the area was inadequate
- Photos or videos showing the lack of lighting and the hazardous condition as a whole
- Accident reports, which are more common when accidents happen on business premises
Your slip-and-fall attorney can help you compile evidence to support your case.
Seek Guidance From a Slip-and-Fall Accident Lawyer in New York
Can you file a legal claim against a property owner after poor lighting on their premises causes you to slip and fall? A New York slip-and-fall lawyer can provide a more personalized answer to this question based on the details of your accident.
Elliot Ifraimoff & Associates, PC, represents accident victims across NYC. If you are considering hiring a slip-and-fall lawyer, start by scheduling a free consultation with us at 718-205-1010.
Preguntas frecuentes
Are property owners responsible for poor lighting accidents during a power outage?
The property owner may not be negligent in a poor lighting accident that arose during a power outage, but the answer depends on the specific circumstances of the accident. They may assume some liability if they allowed or invited visitors to enter their property during a known power outage. Speak with a slip-and-fall lawyer to determine the strength of your case.
How much is a slip-and-fall accident claim worth?
Your slip-and-fall accident claim may be worth the combined value of your medical expenses, lost wages, and even non-economic damages such as pain and suffering. Your New York slip-and-fall lawyer can help you estimate the value of your potential case.
What types of injuries can arise from slip-and-fall accidents caused by unsafe lighting?
Slip-and-fall accidents can lead to injuries such as broken bones, back injuries, soft-tissue injuries, significant bruising, and traumatic brain injury. If you were severely injured in a slip and fall on another person’s property, contact an attorney to discuss your legal options.