How to Demonstrate That Improper Lighting Caused a Trip and Fall Accident

Key Points:

• Under Georgia law, business owners and occupiers have a duty to exercise “ordinary care” to keep their premises safe for visitors.
• One requirement for most businesses, landlords, or companies is to have adequate lighting throughout the property where they expect customers to be.
• If you are hurt on a commercial property, liability (fault) is not automatic — victims must prove the business or responsible person was negligent.
• When business owners or insurance companies are unwilling to cooperate or pay a fair settlement of your injury claim, hiring a Georgia personal injury lawyer may help.

Table of Contents

Do Georgia Businesses Have a Duty to Keep the Premises Safe for the Public?

Business owners are responsible for keeping their establishments safe for customers like you.  If you are injured inside their business, it means they likely failed in their duty to protect you.  This is known as a duty of care or duty to exercise ordinary care. By law, business owners who open their doors to the public must take reasonable steps to protect them from any hazards on the property.

If a business owner failed to protect you, they or the management company may be liable for your injuries caused by their negligence. This can also be true for owners who rent or lease a property to others.

Common accidents that occur on public property or at businesses are slips/trips and falls. These mishaps are often the result of a business owner not maintaining the property. This can include businesses that fail to do the following:

• Clean up spills
• Fix trip hazards
• Have lighting adequate to prevent people from tripping or slipping and falling
• Remove faulty or damaged flooring or floor coverings
• Maintain stairs, railings, and all other structures that customers might use and rely upon while on the property

Businesses must have adequate lighting throughout areas where they expect you to be visiting. Insufficient lighting can make it difficult for you to see well and increase the likelihood of you being injured by a slip/trip and fall.

Where Can Improper Lighting Contribute to Accidents and Injury?

Improper lighting can be due to a building’s poor design or poor maintenance. This can include dim lighting or failure to replace burned out light bulbs. A poorly lit property due to negligence can often be the reason you get injured.

Some common areas where inadequate lighting can lead to you being injured include:

• Parking lots
• Pool areas
• Stairwells
• Hallways
• High-traffic areas in restaurants, theaters, or grocery stores
• Seating areas in restaurants and bars
• Restrooms

What Types of Injuries Can Result from Improper Lighting?

Injuries that you could sustain due to a slip and fall accident include:

• Sprains and strains
• Arm, shoulder, rib, hip, leg, spine, and skull fractures
• Herniated or torn discs
• Torn ligaments and tendons
• Concussions or traumatic brain injury (TBI)

When you cannot see where hazards are located, it’s easy to fall into sharp table edges, chairs, walls, or through windows. A lack of lighting also makes it more difficult to catch yourself if you trip or fall, so injuries in dimly lit areas can be serious.

What Are Some Common Reasons for Inadequate Lighting?

With all the rules and regulations in place regarding lighting in public and private spaces, there should be no reason poorly lit areas exist. Of course, lightbulbs burn out, and fixtures fail, but it’s the property owner’s duty of care to repair or replace these lighting elements quickly to protect you from hazards.

The following are reasons and examples of why a property may have insufficient lighting:

Dim by design – Some businesses, such as restaurants and bars, try to create ambiance with “mood lighting.” While dimmer lighting may make for a lovely dinner setting for you and your companion, it can also create unnecessary risk. Businesses should provide adequate lighting near the floor to illuminate possible hazards. Building codes require that high-traffic areas are well-lit so employees and customers can see properly.

Poor maintenance – Inadequate lighting is often the result of poor maintenance. When a light fixture burns out, the business owner should fix the hazard immediately. If that is not possible, they must block or rope off the area to warn you of the potential hazard. Failing to replace a non-working or broken light fixture can mean the property owner may be negligent.

Power outages – Although power outages may be out of a business owner’s control, laws require backup lighting to take over when this occurs. According to Georgia’s Secretary of State, businesses in the state must provide illuminated pathways to exits that must be operational even during power outages.

Whether the building is poorly designed or improperly maintained, the property owner must take reasonable steps (exercise ordinary care) to keep you safe. If you are injured because of negligence or failure to maintain proper lighting, the owner or operator may be held liable.

What Evidence Should I Gather if I’m Injured Due to Inadequate Lighting?

To help prove your negligence claim, you can gather evidence at the site of the accident. This can include:

• Photographs of the area where you fell
• Pictures of any trip hazards present, such as spilled items or other substances on the floor, loose or torn floor coverings, uneven floor surfaces, unmarked steps, or loose or damaged railings or stairs
• Pictures of broken or non-functional lighting
• Names and contact information of anyone who witnessed the fall
• Names and contact information for all employees. Even if an employee was not on duty, they might have known about the hazardous conditions. This may include janitorial workers who may have been aware of the hazard.
• A written statement stating what happened in detail
• Doctor’s notes and medical records documenting your injuries

Can Businesses Can Be Held Liable for Other Factors in a Slip and Fall?

If you slip and fall in a commercial location, other situations may be the root cause of the fall. For example, spilled hair conditioner in the drug store, a spilled fountain drink in the convenience store, or a lone grape on the floor in the produce aisle of the local grocer.

A business owner is required to address these problems as soon as they are aware of it.

If the owner knows about the hazard but fails to fix it or supply a warning, they may be negligent and held liable for your injuries. Business owners and employees should be diligent in locating and addressing potential dangers before you get hurt.

If adequate lighting is not available, accidents are more likely to happen. You cannot avoid hazards if you can’t see them.

Are Accidents Involving Inadequate Lighting Difficult to Prove?

If you fall and are injured at a business location, the business owner may quickly make repairs to remedy the situation. They may replace lightbulbs and repair or replace faulty fixtures to erase evidence of their negligence.

To make matters worse, employees are often cautioned not to discuss these matters with anybody. For these reasons, it can be difficult to obtain the evidence necessary to prove your claim.

Fortunately, a personal injury lawyer is accustomed to dealing with these informational roadblocks. For example, a lawyer may send a preservation of evidence letter, which can result in legal penalties to the business or its insurance company for altering or destroying evidence.

Other options include inspecting the premises with an attorney or expert or filing a lawsuit as soon as possible. This can help to prevent natural or man-made changes to the area where your injury happened. Lighting experts or engineers can be employed to measure the amount light in the questionable area, to prove that the accident was not your fault.

Accidents Involving Inadequate Lighting Can Be Difficult to Prove

Proving a claim that involves negligence due to insufficient lighting can be challenging. When a customer falls or gets injured, repairs are often completed to remedy the situation quickly. Business owners may replace lightbulbs and repair or replace faulty fixtures to erase evidence of their negligence. To make matters worse, employees are often cautioned not to discuss these matters with anybody. For these reasons, it can be extremely difficult to obtain the evidence necessary to prove your claim.

Fortunately, a personal injury lawyer is accustomed to dealing with these informational roadblocks. For example, if hired soon enough an injury lawyer may send a preservation of evidence letter, which can result in legal penalties to the business or its insurance company for altering or destroying evidence. Other options include inspecting the premises with an attorney or expert or filing a lawsuit as soon as possible to prevent natural or man-made changes to the area where your injury happened. Lighting experts or engineers can be employed to measure the amount light in the questionable area, to prove that the accident was not your fault.