When you slip, trip, and fall on someone else’s property, you may think there must be something else to blame besides your mere clumsiness. Upon reflecting and reliving the moments that ultimately led to your fall, you may be unable to paint a clear picture of your surroundings in your head. This is because your surroundings may have, quite literally, been unidentifiable due to the premises’ inadequate lighting fixtures. That said, please continue reading to learn whether you can cite poor lighting as the cause of your accident and how an experienced Miami slip & fall lawyer at the Law Offices of Gonzalo Funes, PA, can help you make an effective argument.
What constitutes adequate lighting on a premises?
You may assume that whether or not a premise has adequate lighting is a subjective stance. But generally speaking, it means there is enough light to ensure safety and visibility for the intended tasks and activities. In other words, it is not just about turning on the lights on a property; rather, it is about having the right amount of lighting fixtures that provide enough lighting for welcomed visitors to navigate through it safely.
This is especially critical in areas prone to slip, trip, and fall hazards, such as stairwells and hallways. But also, in areas vulnerable to violent attacks or other criminal activity, when there is not sufficient light to offer a sense of security, such as in parking lots or garages.
Can I cite poor lighting as the cause of my personal injury?
With the importance of adequate lighting considered, you may be valid in citing poor lighting as the cause of your injuries and damages in your personal injury claim. With this argument, you must prove the following elements as fact:
- You were a welcome visitor on the property owner’s premises, who thereby owed you a duty of care.
- The property owner breached their duty by failing to address areas of poor lighting on their premises.
- You could not reasonably identify a potential hazard in your surroundings due to the poor lighting.
- You accidentally and unavoidably slipped, tripped, and fell in this inadequately lit area of the premises.
- You incurred bodily injuries and experienced economic and non-economic damages as a result.
To truly drive home the fact that the premise was poorly lit, you may want to take photos of the exact area where your slip and fall took place. To further highlight this, you should take one photo without flash to closely emulate the dark conditions, and then one with flash to display the details and potential hazards in the area. With your no-flash photo, make sure your phone or camera does not automatically use its built-in night mode or low-light settings, as this may make the area appear brighter than it was.
To ensure your legal argument is well fleshed out, please seek the aid of a skilled Miami-Dade County injury lawyer. You may rest better knowing that the team at the Law Offices of Gonzalo Funes, PA, will not let you enter this legal battle without being properly prepared. So please pick up the phone and request our services today.
