3 FAQs About Slips & Falls Caused by Inadequate Lighting

December 16, 2019

by Donaldson & Weston

personal injury lawyer

Most slip and fall claims are filed by invitees, which are people who enter a premises for the economic benefit of the property owner or occupier. Invitees are owed a duty of care, and that duty is breached when property owners or occupiers fail to inspect their premises and remedy dangerous conditions within a reasonable timeframe, or post warnings about those conditions. One type of dangerous condition that can lead to devastating falls is inadequate lighting.

When property owners or business staff fail to install adequate lighting, replace burnt bulbs, and repair fixtures as needed, their customers, tenants, and other parties who lawfully enter the premises may suffer debilitating injuries as a result. If you slipped and fell due to inadequate lighting, read on to learn the answers to three FAQs about these claims:

  1. What Constitutes Inadequate Lighting?

It may be determined that a property had inadequate lighting if an ordinary person would have been unable to see hazards on the premises due to a lack of reasonable lighting. To win a settlement or verdict, you’ll have to prove that the property owner, occupier, or one of their employees had actual or constructive knowledge of the dangerous condition yet failed to remedy it within a reasonable timeframe or to post warnings about it. If, for example, the lightbulb had been removed by the property owner, this would constitute actual knowledge. If the bulb had burnt out for a period of time that was long enough for the property owner to have become aware of the issue through the practice of reasonable diligence, this would constitute constructive knowledge.

  1. Who Could Be Liable for a Slip & Fall Caused by Inadequate Lighting?

If you slipped and fell at a commercial property or apartment complex because it was too dark to see, there are a number of parties that could be liable for the resulting damages including:

  • The landlord;
  • The property manager;
  • The business owner;
  • The maintenance contractor; and/or
  • The municipality responsible for erecting streetlights near the scene.
  1. What Kinds of Damages Can I Pursue?

In the state of Florida, victims of serious personal injury may be entitled to compensation for:

  • Medical Bills: All costs associated with treating the resulting injuries may be recoverable. These include expenses related to emergency care, ongoing rehabilitation, and anticipated surgeries.
  • Lost Income: If you’re unable to work while recovering, you can include any lost wages in the settlement negotiations. And if you’re unable to rejoin the workforce even after reaching maximum medical improvement, you may be entitled to compensation for lost benefits and loss of future earning capacity.
  • Other Objectively Verifiable Losses: Any reasonable and necessary expenses that you incur as a result of your injuries may be recoverable. Examples include costs associated with child care, domestic help, and home care.
  • Non-Economic Damages: Accident victims may be entitled to compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

If you’re married and your spouse has suffered a loss of intimacy, affection, and companionship due to your injury, he or she may be able to recover compensation for loss of consortium.

Discuss Your Case with a Premises Liability Attorney in Florida

If you were hurt on someone else’s property because of inadequate lighting, contact Donaldson & Weston. We have helped hundreds of clients throughout Florida in personal injury and wrongful death cases. Call 772-266-5555 or use our Online Contact Form to set up a free consultation with a premises liability lawyer in Florida.