When Poor Lighting Causes an Accident on Someone Else’s Property
Sometimes, dim lighting is enough to cause an injury, which can lead to a premises liability claim under certain circumstances. Not everyone can see well in the dark, and property owners cannot expect customers or visitors to simply watch their step in dark conditions. Whether it be on commercial or private property, the owner of the premises can be found liable if they were aware of the poor lighting and the risk it posed. If you or a family member has been injured due to inadequate lighting, our Reading premises liability attorneys would like to assist you in filing your injury claim.
Where Do Injuries From Poor Lighting Occur?
Injuries due to poor or failed lighting often occur in:
- Parking lots and parking garages: Curbs, speed bumps, and loose gravel may be less visible.
- Restaurants: Wet or slick floors or other obstacles may be overlooked.
- Common areas in apartment buildings: A wet floor, buckling carpet, or uneven flooring can lead to injuries.
- Corridors or hallways: Clutter or other unseen objects can pose a safety hazard.
- Building entrances and exterior walkways: Uneven surfaces and slippery surfaces can be more difficult to spot. Poor lighting in corridors, building entrances, and stairwells has also been linked to increased criminal activity. If you are a victim of an act of violence, you may be able to file an inadequate security claim.
- Stairwells: Commercial staircases have a standard riser height and stair depth, but this is not the case for older buildings. Dim lighting in stairwells has been associated with catastrophic and sometimes fatal injuries.
- Swimming pools: Inadequate lighting at a pool can lead to trouble seeing the pool steps, the bottom of the pool floor, and the edges of the pool deck. This can lead to broken bones, head injuries, near drownings, and drownings. Near drownings take place when a person almost suffocates underwater. Depending on the length of oxygen deprivation, brain damage occurs.
How Do I Know if the Property Owner Can Be Held Liable?
A property owner can be held responsible for dim or inadequate lighting in a Reading premises liability claim if the following can be established:
- The property owner was aware of or should have been aware of the poor lighting (through performing routine maintenance and inspections).
- The property owner failed to remedy the hazard or defect, causing you harm.
- As a result of the accident, you sustained compensable losses, known as damages. Damages may include lost wages, medical bills, and emotional distress. In situations in which the property owner showed a complete disregard for your safety, you may be awarded punitive damages. If you did not sustain damages, you cannot file a lawsuit.
Proving the owner’s liability will require photographs, eyewitness statements, maintenance reports, and incident reports of past accidents. All of this information combined can help to piece together how the owner knew or should have known about the hazard. Our legal professionals will handle this process along with negotiating with insurance on your behalf.
How Long Do I Have to File a Premises Liability Suit in PA?
Premises liability suits are a type of personal injury action, with the defendant’s insurance company paying in most cases. Each state has its own laws regarding how long you have to take legal action, and Pennsylvania is no exception. According to 42 Pa.C.S. §5524, personal injury victims have two years from the date of the accident to take their case to court. Although this is a non-negotiable deadline, there are limited exceptions to the law. Even if you think the statute of limitations has passed, you should speak with our Reading premises liability attorneys, who can guide you accordingly.
Speak with Our Reading Premises Liability Attorneys Today
If you have been injured on another person’s property due to dim or poor lighting, the wrongdoer should be held legally responsible. Our Reading premises liability lawyers will scrutinize all relevant evidence to build your case. Your medical bills, lost wages, and emotional hardship should not be left solely on your shoulders. To schedule your free consultation, contact HGSK Injury Lawyers online or by calling (267) 551-8782 today.