When you’re injured on someone else’s property, you may be eligible to file a premises liability claim. Premises liability is a type of personal injury negligence claim: property owners have a duty to maintain their property and warn visitors of any hazards. If they fail in their duty, they could be held responsible for your injuries.
Good lighting is part of maintaining safe conditions, especially if there are hazards nearby. From hallways and staircases to swimming pools and parking lots, visitors must be able to see and avoid obstacles.
How poor lighting can support a premises liability claim
To prove a premises liability claim, the plaintiff must show that the defendant had a duty to maintain the property and keep it free from hazards, failed in that duty and as a result, the plaintiff suffered actual injuries.
Proper lighting is key in preventing accidents. Visitors and residents must be able to see obstacles and hazards, from spills on the floor to uneven surfaces. When areas are poorly lit, people are more likely to stumble over obstacles, collide with people or objects or fall from elevated surfaces.
When you file a premises liability claim against a property owner, poor lighting can help prove your claim. Courts and juries consider where the accident happened and the potential factors involved. For example, if you tripped on uneven pavement and broke an arm, your lawyer might support your claim by showing that the area was a main thoroughfare and appropriate lighting could have alerted you to the dangers involved. If other hazards were involved, such as spills or ice, the courts must consider who is in charge of maintaining the area, whether they knew or should have known about the additional hazards and whether better lighting would have helped avoid the accident.
What to do after a premises liability accident
If you’re injured on someone else’s property, it’s important to take immediate action.
If it’s safe and you are able, try to take photos of the accident scene. Document any obstacles as well as the lighting fixtures (or lack thereof). If there are eyewitnesses, ask for their contact information.
Seek immediate medical attention, even if your injuries are minor, and get a copy of your medical records. Record any prescriptions and how the accident has affected your life, such as missed work, loss of mobility, pain levels and other helpful information. Report the accident to the property owner and ask for a copy of the report, then call the Law Offices of Tim Misny for legal assistance.
Talk to an Ohio accident attorney today
The Law Offices of Tim Misny can help you with your premises liability claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.
