We may not think about lighting as a risk factor, but owners and operators have a legal obligation to ensure the premises are safe. Unexpected accidents can occur in poorly lit high traffic areas like parking lots, hallways, and stairways.
Inadequate Lighting Premises Liability
Inadequate lighting can create hazardous conditions, leading to accidents and injuries.
When inadequate lighting results in an injury or accident, you may have a premises liability claim. Premises liability holds property owners legally responsible for accidents that occur on their property due to unsafe conditions. When poor lighting leads to an accident, the property owner may be held responsible
Keep in mind just because a dangerous condition exists does not mean there is a premises liability claim. The dangerous condition must exist because the property owner (or the one who controls it) was negligent.
Why is there poor or inadequate lighting?
There are many reasons for poor lighting, such as:
- Dimming the lights to create the right ambiance
- Failing to replace burnt-out and broken bulbs
- Turning off the lights when people are still inside a building
- Not installing enough light fixtures in the building
Proper Lighting Responsibility of Property Owners
Business owners, property owners, and landlords are required to keep their property safe from hazards and dangers that can cause accidents — providing a reasonably safe environment for those who reside, visit, or work on their premises.
This responsibility includes common areas, parking lots, and other areas open to the public such as playgrounds, offices, and storefronts. It includes not just maintaining the physical structures but also providing appropriate lighting and security.
Inadequate lighting premises liability claims can be filed against property owners, small businesses, large corporations, individual employers, governmental entities, municipalities, landlords, and others.
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Types of Premises Liability Resulting from Inadequate Lighting
Common types of accidents involving inadequate lighting include:
- Slip and fall accidents. For example, poor lighting in restaurants, grocery stores, restrooms, and other locations with tile, wood, or vinyl floors can make it difficult to see spilled liquids, easily causing someone to slip and fall.
- Trip and fall accidents. In congested environments, such as warehouses, stores, and cluttered hallways, poor lighting can make it difficult to see what may be in one’s path.
Stairway accidents. Inadequate lighting can make it difficult navigating stairs, making a person susceptible to tumbling and falling down the stairway.- Inadequate security. Poor lighting on commercial premises can increase the chances of a violent crime being committed, such as muggings, armed robberies, and physical assaults.
- Auto accidents. Inadequate lighting in parking lots can lead to collisions between cars, trucks, and motorcycles.
When you have questions, we are here to help. Call us at (877) 284-6600.
Types of Injuries that Can Happen
Poor or inadequate lightint hinders your visibility, making it harder to see objects and obstacles in your way. Slip and fall, trip and fall, stairway accidents, and other accidents can lead to:
- Spinal injuries
- Brain/head trauma
- Torn ligaments and tendons
- Broken hips and pelvises and other broken limbs
- Sprained ankles and wrists
- Crushed fingers and toes
- Severe bruising and abrasions
Who is responsible for injuries caused by inadequate lighting?
When inadequate or poor lighting created or contributed directly to your injury, the property owner who failed to ensure appropriate lighting may be responsible for the injuries that resulted.
Keep in mind, there may be more than one person who shares the liability. For example, if you are hurt in a leased business space, the tenant and property owner may share the blame. A premises liability lawyer can help you determine liability.
Evidence to Gather Might Include:
- Date, time, and location of the incident
- Photographic evidence of the location where the accident occurred
- A copy of the facility’s operating procedure and maintenance records
- Proof of previous building code violations
- Names and statements from potential witnesses of the accident
- Medical records verifying your injuries
- Property surveillance of the accident
The experienced premises liability lawyers at Nash & Franciskato in Kansas City know how to build a case proving negligence, taking that burden off your shoulders. Through our investigation, we will ask many questions demonstrating things such as:
- Who had the responsibility to provide proper lighting
- The responsible party either knew or should have known about the poor lighting situation yet failed to use ordinary care to remove, remedy, or warn of the danger, resulting in an accident that injured you
Plus our attorneys offer:
- Over 80 years of combined experience
- Trusted legal advisor committed to your needs
- Super Lawyers for over 10 years
- The AV Preeminence Rating for Ethical Standards & Legal Ability
- Compassionate advocacy for you and your family
Case Results
$475,000 Settlement Against Restaurant for Dangerous Stairs. The attorneys at Nash & Franciskato were able to prove the stairs were defective because of inadequate lighting and the installation of an improper handrail.
Receive a Free Evaluation from Experienced Premises Liability Attorneys
While cases involving inadequate lighting can be difficult to prove, having obtained substantial settlements for premises liability cases, the experienced attorneys at Nash & Franciskato know what to look for and how to prove unsafe conditions. Contact us for a free, no-obligation case evaluation.
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Resources for You
- Blog articles related to Premises Liability and Slip & Falls.
Editor’s note: Page was originally published February 11, 2016 and was updated for content and accuracy on July 15, 2024.