Good lighting is not just about visibility; it’s also a matter of safety. When a property owner fails to provide adequate lighting in places like stairways, parking lots, or hallways, serious injuries can occur. In New Jersey, property owners and managers are legally required to maintain reasonably safe conditions for those who enter their premises. If inadequate lighting causes a fall, trip, or even assault, it could be used as the basis of a premises liability claim. For more information and to obtain skilled legal assistance, read on and contact a knowledgeable Monmouth County premises liability lawyer today.
What is Premises Liability?
A property owner’s legal responsibility to keep their property safe for visitors is known as premises liability. This means that if someone is injured because the property was unsafe, the owner can be held liable.
Property owners are expected to exercise reasonable care to prevent foreseeable harm to visitors. The level of care owed to a visitor depends on their status, like whether they are an invitee, licensee, or trespasser. An invitee is someone who is on the premises for reasons that benefit the owner, like a customer in a store or a delivery driver. A licensee is a guest of the owner, and a trespasser is someone who is on the property unlawfully.
Can Inadequate Lighting Be the Basis of a Premises Liability Claim in NJ?
Yes, inadequate lighting can be the basis of a premises liability claim in New Jersey. Poor lighting can cause people to slip, trip, or fall because they cannot see hazards such as cracks, uneven surfaces, steps, or spills. Dim or broken lighting can also contribute to assaults, robberies, or other criminal incidents, especially in parking lots or stairwells.
If the inadequate lighting is the property owner’s fault and an individual is injured as a result, they can use it as evidence that the property owner was negligent and is therefore liable for their injuries and other damages.
Poor lighting often causes slips on wet surfaces, trips on uneven flooring or staircases, attacks, robberies, and more.
How Can I Prove That Poor Lighting Caused My Injury?
As the plaintiff, you bear the burden of proving that the property owner is liable for your accident and injury. You must convince an insurance provider or court that it is more likely than not that your version of events is true and the defendant is responsible. In order to prove this, you need ample evidence, including:
- Photos and videos showing the lighting conditions at the time of the accident
- Witness statements that corroborate your testimony that the area was too dark to see hazards
- Maintenance and repair records proving that the property owner failed to replace or repair lighting fixtures
- Police or incident reports that document the unsafe conditions
With these pieces of evidence, and more, you can prove the property owner’s negligence. For more information, contact an experienced personal injury attorney today.
