Your Rights after a Slip and Fall Caused by Inadequate Lighting
Though most slip and fall accidents occur because of slippery surfaces or poorly maintained steps, walkways, driveways, or other thoroughfares, the cause often involves poor or inadequate lighting. A burned-out light can make it difficult or impossible to see a crack in the sidewalk, a missing or broken tread on the stairs, or debris on the floor. In addition, poor lighting in a parking lot or near a commercial building can create the perfect environment for a physical assault or attack. When you have been injured on someone else’s property because of poor or inadequate lighting, you have the right to seek full and fair compensation for all your losses.
You Can File a Premises Liability Claim Based on Inadequate Lighting
In New Jersey, as in all states, the owner or person in control of commercial or residential property has a duty to take reasonable steps to protect the safety of persons legally visiting the property. While that commonly involves removing torn carpet, fixing broken steps, and inspecting for defects in walkways and parking lots, it also applies to the illumination of the property. When seeking to establish liability in a claim based on allegations of inadequate lighting, a jury typically looks at the fact situation and asks whether a reasonable person would have installed and properly maintained lighting at the site of the accident. Was there a duty to properly illuminate the area where the accident or injury occurred?
If the answer is yes, the jury then determines whether the duty was met. If the defendant failed to fulfill the obligation, and that failure caused an accident that resulted in injury, the defendant may be liable for damages in the form of monetary compensation to the injured party.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.