Insufficient lighting on a New York premises can, unfortunately, lead to serious slips, trips, and falls. If you have been harmed due to another party’s negligence, consulting an experienced New York City Premises Liability Attorney is recommended to help you navigate these difficult situations. This blog discusses who might be held liable for your damages.
How Does Poor Lighting Lead to Slip and Fall Accidents?
Inadequate lighting on properties in New York frequently contributes to incidents involving slips, trips, and falls. This is attributable to an obstructed field of vision, which hinders individuals from perceiving and circumventing ground-level impediments. Poor lighting can hide potential hazards, making it difficult to detect obstacles like uneven surfaces, wet floors, or torn carpeting. For instance, individuals may misjudge the depth of steps due to impaired visibility, leading to stumbles.
Poorly lit areas can lead to a rise in criminal acts like assaults and robberies. Inadequate lighting often encourages criminals, making them feel like their unlawful behavior will go undetected. Unfortunately, accidents stemming from poor lighting can happen in diverse settings, and such incidents can lead to a wide array of injuries.
Ultimately, insufficient illumination creates a scenario in which the environment is less predictable, and people are more prone to making mistakes in their movements, leading to slips and falls.
Who Can Be Held Liable for My Damages?
Determining liability for injuries due to poor lighting is complex. Property owners or managers are generally liable under New York’s premises liability laws if they knew or should have known about the hazardous condition and failed to remedy the issue. If a contractor were negligent in installing or maintaining lighting, they could also be held accountable. In certain cases, a municipality may be liable, but litigation against them often requires a prior Notice of Claim.
To establish liability after a fall in New York, the injured party must prove the following elements:
- Duty of Care: The responsible party owed you a duty of care to ensure adequate lighting on the premises.
- Breach of Duty: The responsible party failed to uphold this duty by not maintaining a reasonably safe environment.
- Causation: The responsible party’s breach of duty directly caused your injury, establishing a clear link between the dangerous condition and your harm.
- Damages: You incurred losses as a result of the injury, such as medical bills, lost income, pain and suffering, and other related costs.
If you have suffered a serious fall as a result of poor lighting, please don’t hesitate to contact a determined attorney at Swerling Law. Our legal team is prepared to help you fight for the justice you deserve. We can investigate the circumstances of the accident and gather evidence to support your claim. Connect with our firm today to schedule a consultation to explore your legal options.