Sometimes, accidents happen for seemingly very small reasons. You might trip and fall on the stairs because the stairwell was so dimly lit that you could not see. Even something as minor as poor lighting can be grounds for a lawsuit, and you should speak to an attorney about your situation.
Proper lighting is often necessary for safety. For example, a stairwell with no windows or access to natural light should have adequate lighting so people can see where they are going and avoid tripping. Nighttime lighting is especially important in outdoor areas such as parking lots and alleyways. Many buildings today have emergency lights that activate when the power goes out. If these lights do not work, people might get hurt.
Speak to our Arkansas personal injury attorneys about your case in a free legal review by calling us at (479) 316-0438.
When Can You Sue for Injuries Caused by Poor Lighting in Arkansas?
If you believe you were injured because of poor lighting, contact an attorney as soon as possible. Below are some common scenarios involving lawsuits for injuries caused by poor lighting.
Dimly Lit Stairwells
Stairwells are dangerous at the best of times. One wrong step and a person might tumble down the stairs and become seriously injured. Walking down the stairs may be even more dangerous if the stairwell is not properly lit.
Many stairwells in larger office or apartment buildings lack windows or access to natural light. As such, the electric lights in the stairwell are the only source of light. If these lights are too dim or broken, the stairwell might be totally dark, and a person could easily trip and fall.
Poor Lighting at Night
It is especially important that proper lighting be provided in outdoor areas at night. For example, a business with a large parking lot should have light posts throughout the lot so drivers can safely get to and from their cars at night.
Nightlife businesses (restaurants, bars, nightclubs) should always have adequate outdoor lighting for customers.
Lack of Emergency Lighting
Emergency lighting is common and often required as part of building codes in many commercial buildings, particularly office buildings.
Usually, emergency lights include a battery-backed lighting system that kicks on if power goes out. If the emergency lighting fails, people could be wandering around in complete darkness. If the lights go out due to an emergency (e.g., a building fire), people could be in danger.
What Do You Have to Prove When Suing for Injuries Caused by Poor Lighting?
Proving that your injuries are a direct result of poor lighting can be tricky. It is best to contact a personal injury lawyer who can help you gather evidence and build the strongest case possible.
The Property Owner Owed a Duty of Care
First, our Arkansas personal injury lawyers must show that the property owner owed you a duty of care. This may stem from your relationship with the property owner. For example, the owner of an apartment building owes a duty of care to tenants to keep common spaces (e.g., stairwells, hallways, elevators) safe, which may include providing good lighting.
You Were Lawfully Present
Typically, these kinds of cases are filed against property owners who fail to provide adequate lighting. If the plaintiff is a trespasser, the property owner owes them no duty of care and may not be held liable for injuries caused by inadequate lighting.
Why were you on the property? Were you a customer in a restaurant? Were you a patron in a dimly lit bar? Maybe you were taking the stairs in a dimly lit stairwell in your office building? If you were authorized to be there, the property owner likely owes you a duty of care, including providing adequate lighting.
The Lighting was Inadequate
Pictures and videos from the area where you were injured can help us demonstrate how poorly lit it was. Multiple videos and photos can help us get a better idea of what the lighting truly looked like.
Witnesses may also be important. If other people were nearby and they also complained about poor lighting, their testimony may be crucial to your case.
FAQs About Suing for Injuries Caused by Poor Lighting in Arkansas
Can You File a Lawsuit if You Are Injured Due to Poor Lighting?
Yes. If the lack of adequate lighting on a particular property is the direct cause of an accident or incident, you may sue the property owner. Since this is a premises liability case, it is crucial that we establish you were lawfully present in the area with poor lighting, not a trespasser.
Who Can You Sue for Injuries Caused by Poor Lighting?
Generally, property owners may be held responsible for poor lighting if it leads to accidents or incidents. A property owner must be proven to have owed a legal duty of care to the plaintiff before they can be held responsible. For example, a property owner owes a duty of care to an invited guest, but not to a trespasser.
What Do You Need to Prove When Suing for Injuries from Poor Lighting?
First, we must prove that the defendant owns the property where the accident happened and that you were lawfully present. Next, we must show how bad the lighting was. Pictures, videos, and witness testimony may be helpful here. Finally, we must directly link the poor lighting to the accident. For example, we must prove that you fell in a stairwell because you could not see, not because you tripped on your untied shoelaces or something else.
How Do You Gather Evidence to Sue for Injuries Caused by Poor Lighting?
Since the defendant is likely to fix the poor lighting shortly after the accident, it is a good idea to take photos and record videos of the area before you leave. We should also talk to others who were there or who regularly pass through the area to see if they can back up your claims of poor lighting.
How Long After an Accident Caused by Poor Lighting Can You File a Lawsuit in Arkansas?
In Arkansas, plaintiffs have 3 years to file personal injury lawsuits. This time begins on the date the injury occurs. If you do not file on time, you may be time-barred from ever filing the case.
Ask Our Arkansas Personal Injury Lawyers to Review Your Claims
Speak to our Bella Vista, AR personal injury attorneys about your case in a free legal review by calling us at (479) 316-0438.