Facing A Premises Liability Lawsuit? Consult with A Premises Liability Attorney
Was poor lighting the reason behind your slip and fall accident? If you were on someone else's property, you might be able to recover damages for that injury if you can prove the owner's negligence contributed to your fall. When it comes to understanding premises liability, rarely do owners or victims consider lighting a risk factor. Restaurants might incorporate dim lighting for a cozy or relaxing ambiance. Whereas restaurant or store owners may not have had the chance to replace a lightbulb before the time of your injury. Owners and occupiers have a legal obligation to ensure the premises are safe. Bad lighting can increase your chance of having to retain a personal injury lawyer in Los Angeles.
Unexpected accidents can occur in poorly lit high-traffic areas like parking lots, entry ways, hallways, and stairwells. Whether the injury you sustained is minor or severe, a premises liability attorney in LA can help you get started on a claim. Solely getting hurt on someone’s property does not automatically entitle you to compensation. After a thorough assessment of your case, you may be able to recover financial restitution for your medical expenses, lost income, pain and suffering, and relative damages. In the meantime, we answer several frequently asked questions about these types of cases.
What Causes Inadequate Lighting?
Each case is different per client. There are several reasons why a business, facility, or complex is left with poor lighting. For instance, not having emergency backup lights and generators increases your liability. It presents significant hazards. It only takes one power outage for an owner to get sued by their tenants or visitors. A few other common causes include:
- Dimming the lights to save electricity
- Failing to replace burnt out and broken bulbs
- Turning off the lights when people are still inside the building or on the premises
- Not installing enough light fixtures in the building or repairing damages immediately
How Does Poor Lighting Directly Cause Slip and Falls?
A slip and fall accident can happen at any time on commercial or residential properties. Lighting can turn into a hazard in two ways:
- Inadequate lighting itself is a hazard. It conceals conditions that are not hazardous, causing victims to trip, slip or fall. These circumstances are normally avoided with appropriate lighting. For example, visitors in dark conditions might trip over unexpected curbs in a parking lot or misstep and trip walking down the stairs.
- If the premises previously had hazardous conditions that have yet to get fixed, inadequate lighting can dangerously conceal the issue. Supermarkets are prime locations where spills and wet conditions are prone to happen. If it did not get cleaned up under illuminated circumstances, the hazard worsens when one’s vision becomes obstructed.
If you suspect that inadequate lighting conditions arose because of a design flaw or negligent maintenance, consult with a premises liability attorney in Los Angeles. We generally recommend that you try to avoid hazards whenever and wherever possible. If the light has burned out in a stairwell, seek an alternative way to get downstairs. If you decide to use them anyway, the owner may not be liable when you get hurt. In court, the opposing party will state that you chose to use the unlit stairwell and assumed the risk of injury. If you did not have another way to get downstairs, whether you were aware of the associated dangers will not matter. The owners should be safeguarding all visitors immediately.
What Kinds of Injuries Can Occur?
With dim or nonexistent lighting, you can sustain any injury. When your visibility is hindered, it not only increases the number of hazardous obstacles in your way but also increases the possibility of crime. Overall, slip and fall accidents can cause injuries like:
- Spinal fractures
- Pinched nerves
- Torn ligaments
- Torn tendons
- Brain injury
- Broken hips and limbs
If you get hurt, seek medical attention immediately. It is a vital component of your claim when a premises attorney in LA builds the foundation of your case. If left untreated, some of the damages can become a long-term concern. Elderly victims are especially vulnerable to injury – and in many cases, wrongful death.
Who is Liable for a Slip and Fall Caused by Poor Lighting?
Like most personal injury claims, there may be more than one person that shares liability. If your fall happens on a leased business space, the tenant and property owner share the blame. Lessees are not solely responsible for maintaining the entire property, but they should upkeep the area where they operate. In court, you must prove:
- You were allowed to be on the property – not trespassing – at the time of the accident
- The defendant knew or should have known about the issue but failed to address it
- The fall that caused your injury would not have happened in a properly lit environment
- The lighting was so bad that it creased a hazardous condition
What Kinds of Evidence Contribute to a Premises Liability Claim?
It is best to refer to a Los Angeles injury attorney to help you gather the evidence needed for your claim. Proving liability depends on what you can contribute to your case, such as:
- Photographic evidence of the location where you slipped and fell
- A copy of the facility’s operating procedure and maintenance records
- Proof of previous building code violations, which show patterns of negligence
- Testimonials from witnesses of the accident
- Medical records verifying your injuries
- Property surveillance of the accident
What Kind of Damages Can Be Recovered in a Premises Liability Claim?
In California, personal injury claimants can pursue compensation for:
- Medical expenses – You can recover for past and forthcoming medical bills and related costs while you are on the mend. Most plaintiffs request coverage for medication, rehabilitation, and home care. Slip and fall accidents can leave life-impacting results.
- Lost earnings – If your injuries prevent you from going to work, notify your lawyer immediately. You may be able to recover your loss of earning capacity.
- Economic damages – If you need to transform your home to accommodate temporary disabilities, the defendant should cover the costs to do so. Additionally, those who have families can request monetary assistance for childcare or domestic care
- Non-economic damages – In California, non-economic damages are pain and suffering and forms of emotional distress.
Speak with an Accident Attorney from The Law Offices of Oscar H Gutierrez
Our law firm specializes in helping those who were injured due to an accident or someone else’s negligence. Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. That’s why you should call the bilingual lawyers of The Law Offices of Oscar H Gutierrez to make sure you are compensated for your pain and suffering.
When you meet with one of our English-speaking and Spanish-speaking personal injury attorneys, you can tell them how your accident occurred and who might be responsible. Your attorneys will then launch an investigation into your accident and the events surrounding it to find who is responsible. If someone was negligent and their lack of care led to your injury, then they will build a case to make sure they pay your medical bills. You should contact our law firm if you were injured in a:
- Car accident
- Motorcycle accident
- Bike accident
- Rideshare accident
- Pool accident
- Dog attack
- Workplace accident
We can also help you with product liability and premises liability suits. Don’t leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement. Contact our office for a free consultation at 323-999-3500 or email us at email@example.com.