Poor lighting on another person’s property can expose you to tripping hazards, collisions, and even criminal activity. If you were injured due to poor lighting conditions, understanding your rights and legal options is an important step in moving forward.
An NYC premises liability lawyer can review the details of your accident and help you assess who was legally responsible for the accident, if anyone.
Common Types of Poor Lighting Accidents in and Around NYC Buildings
As many as 45% of crimes happen at night, according to a review of more than 840,000 police incidents across 10 major U.S. cities. And while the average person only spends one-quarter of their driving time at night, 50% of all traffic deaths happen after dark.
Poor lighting can increase the risk of many types of accidents and injuries. When an NYC building or property does not have adequate lighting, you may be at a greater risk of:
- Tripping and falling over an unsecured object
- Falling down a staircase
- Slipping on a wet or icy floor
- Striking a structure or another vehicle while driving
- Running into something
In some cases, you may be able to hold the property owner or another party liable for your slip-and-fall injuries.
When Is a Property Owner Responsible for Poor Lighting Accidents?
Poor lighting accidents sometimes fall under the category of premises liability claims. These accidents occur when a property owner fails to mitigate dangerous property conditions, leading to injuries.
You might be able to claim property owner negligence if the following criteria are true in your case. An NYC premises liability lawyer can help you assess each of these points.
- You were lawfully on the property owner’s premises when the accident occurred. A property owner might not be responsible for your injuries if you were trespassing when the accident happened. But if they invited you over or permitted you to enter for your own benefit, they generally would have owed you a duty of care to reasonably prevent injuries.
- The property owner knew or reasonably should have known about the poor lighting. If a lightbulb burned out seconds before you tripped and fell, the property owner might not have reasonably been able to prevent this.
- The property owner should have expected that poor lighting in that area could lead to injuries. Having poor lighting in a closet wouldn’t necessarily be dangerous for the average person, but poor lighting in gathering areas would be. You would generally need to show that the accident was predictable to claim the property owner’s negligence.
- The average person would expect the lighting to be better in that area. For example, you would expect a parking lot to have adequate lighting to find your vehicle. But you might not have the same expectations for a nice restaurant, as these settings often have low or “mood” lighting.
Providing evidence to match each of these points can help you build a premises liability case. A premises liability attorney can help you compile and organize evidence.
Other Potential Liable Parties in a Poor Lighting Accident
While premises liability accidents often arise due to poor lighting conditions, a property owner is not always fully liable. Your accident might involve other liable parties, such as:
- The local government: Perhaps a municipality was responsible for fixing outdoor lighting in that area. They might be negligent rather than the property owner of the business or home nearby.
- Your employer: If a poor lighting accident happened at work, your employer might be responsible. Still, you generally cannot hold an employer liable for injuries and would need to seek workers’ compensation in many cases.
- A contractor: Maybe a contractor who was hired to replace lighting failed to install the wiring or bulbs correctly, leading to a breakdown. They might be liable instead of the property owner.
- Another driver: If your accident happened in a low-lit parking lot, the driver who struck you might be liable. As many as 20% of all reported car accidents happen in parking lots, and low lighting can increase the likelihood of these crashes.
If multiple parties share liability for your accident, this might complicate the compensation process. Contacting a personal injury law firm in New York can help you understand how to proceed.
When Might You Be Responsible for Your Own Accident?
An NYC premises liability lawyer can explain whether you might be at least partially responsible for your own accident. If so, this could decrease the compensation you are eligible for.
These conditions might indicate you were responsible for your own inadequate lighting accident:
- You failed to take reasonable caution to prevent an injury in low-light conditions. For example, maybe you were distracted or not paying attention, increasing your likelihood of tripping.
- You tripped over your own feet. Maybe the low lighting did not actually contribute to your accident.
- You were not lawfully on the property. In this case, the property owner would not have owed you a duty of care.
Consult an NYC Premises Liability Lawyer
If you are considering suing a building owner for injuries after a poor lighting incident, working with an NYC premises liability lawyer can help you navigate the legal process. Ross & Hill represents clients through a range of personal injury cases, including premises liability. Call 646-351-6222 to request a consultation.
Frequently Asked Questions
Is poor lighting considered a hazard?
Poor lighting is often considered a hazard under premises liability law. This condition increases the likelihood of injuries in many cases.
What is the statute of limitations for pursuing a premises liability case in NY?
The statute of limitations for premises liability in New York is generally three years from the accident date. If you are suing a government entity, you will have 90 days to file a Notice of Claim and a total of one year and 90 days to pursue legal action.
Is a property owner responsible for crimes on their premises?
A property owner might share liability for crimes if they happened in low-lit areas on their premises. An NYC premises liability lawyer can explain further.
