A dangerous condition does not always involve a wet floor or an obvious obstacle. Poor lighting can also make it difficult for people to recognize hazards before they encounter them.
A poorly lit stairway, parking garage, walkway, hallway, or entrance can make a dangerous condition much harder to see. If a person falls because they could not reasonably identify a hazard, the condition of the property may become an important part of the investigation.
How Poor Lighting Can Create a Dangerous Condition
Adequate lighting allows people to identify changes in elevation, obstacles, wet surfaces, uneven pavement, and other hazards.
Problems can arise when:
- Light fixtures are burned out
- Stairways are poorly illuminated
- Parking garages have dark areas
- Exterior walkways lack sufficient lighting
- Bulbs have not been replaced
- Lighting systems are damaged
- Shadows obscure changes in the walking surface
- Entrances are poorly illuminated
The issue is not simply whether a light was present. The condition of the area and whether the lighting reasonably allowed visitors to see potential hazards may matter.
Where Do Poor-Lighting Falls Happen?
These accidents can occur in many locations.
Common examples include:
Parking lots and garages: Poor lighting can make curbs, wheel stops, potholes, and uneven surfaces difficult to identify.
Stairways: Inadequate lighting can make individual steps harder to distinguish and increase the risk of a missed step.
Sidewalks and walkways: Cracks, elevation changes, debris, or other hazards may be difficult to see.
Building entrances: Poor lighting near entrances can make thresholds and changes in flooring less noticeable.
Hallways and common areas: Visitors may encounter obstacles or uneven surfaces without adequate illumination.
What Injuries Can Result?
A fall caused by poor visibility can cause the same serious injuries as other falls.
Potential injuries include:
- Broken hips
- Fractured wrists
- Knee injuries
- Shoulder injuries
- Back injuries
- Neck injuries
- Traumatic brain injuries
- Concussions
- Spinal injuries
Some injuries can require surgery and extensive rehabilitation.
For older adults and people with existing mobility challenges, a serious fall can also lead to a prolonged loss of independence.
How Do You Prove a Lighting Problem?
Photographs can help document the condition of the property.
However, lighting conditions can change depending on the time of day, weather, functioning light fixtures, and other factors.
Evidence may include:
- Photographs and videos
- Property surveillance footage
- Maintenance records
- Lighting inspection records
- Work orders
- Employee statements
- Witness accounts
- Incident reports
It may also be important to document the condition of the area at approximately the same time of day when the accident occurred.
Did the Property Owner Know About the Problem?
A key issue may be whether the property owner or operator knew about the inadequate lighting or should reasonably have discovered and corrected the problem.
Maintenance records can sometimes provide information about reported problems and repairs.
For example, records could show that a light had been reported as broken before an accident but had not been repaired.
The circumstances must be examined carefully because not every lighting problem automatically establishes legal liability.
What Should You Do After a Poor-Lighting Fall?
Report the accident to the property owner, manager, or appropriate employee.
Take photographs of the area if you can safely do so. Photograph the surrounding walkway, stairs, parking area, light fixtures, and the specific location where you fell.
Write down what you remember about the lighting conditions as soon as possible.
If someone witnessed the accident, obtain their contact information.
You should also seek medical attention and preserve your medical records and bills.
Alabama Premises Liability Claims Are Fact-Specific
A property owner is not automatically responsible every time someone falls on the property.
The investigation may need to determine what condition caused the fall, whether inadequate lighting contributed to the accident, whether the property owner knew or should have known about the condition, and whether reasonable steps could have prevented the injury.
Evidence can make the difference between an assumption and a provable claim.
Speak With a Birmingham Slip-and-Fall Attorney
If poor lighting contributed to your fall in Birmingham or elsewhere in Alabama, Shaun Capps Injury Law can investigate the condition of the property and help determine whether another party may be legally responsible for your injuries.