Poor Lighting Falls

When properties in North County - whether an individual’s home in Escondido, or a grocery store parking lot in Oceanside - do not have sufficient lighting, it increases the chance that someone can get hurt in a poor lighting fall. California law states that on both personal property and commercial property in San Diego County, a person should be able to expect that the area is free from unreasonable dangers that could result in an injury. Our North County premises liability lawyers know that property owners and controllers too often fail to take precautions or to keep their property safe for visitors, or to warn them about certain risks. As a result, people get hurt. Poor lighting, whether it is inside a property or adjacent to it, is a major cause of slip and falls throughout North County, including Poway, San Marcos, Vista and Oceanside.

If you suffered an injury because of a fall related to inadequate lighting, you may be able to file a claim for your injury, and should reach out to an injury attorney as soon as possible to learn about your options for obtaining compensation.

When there is not enough lighting to see where a person is walking or riding, they can be at risk for serious injury in a slip, trip, and fall accident. Slip and fall claims are part of a broader area of personal injury law known as premises liability where there are injury-causing falls in common areas such as:

• Stairway trip and fall hazards;
• Same-level flooring slip and falls indoors;
• Falls on exterior walkways with inadequate lighting;
• Falls in parking lots with inadequate lighting;
• Poolside accidents with insufficient lighting; and
• Assaults linked to inadequate lighting in parking lots, parking garages, and other outdoor areas.

California premises liability law allows an injury victim to file a claim against a property owner (or manager, renter, or most others in control of the property) if that property owner’s negligence in maintaining the property is what causes the accident. Under California law, to prove a property owner is negligent and thus liable for injuries, a plaintiff must be able to show the following:

• There was a condition on the property created an unreasonable risk of harm;
• The defendant knew, or in exercising reasonable care, should have known about the dangerous condition; and
• The defendant failed to repair the condition, to protect people against harm from the condition, or to give people an adequate warning about the condition.

Whether poor lighting caused a slip and fall in North County or elsewhere in San Diego County, in most cases the statute of limitations is two years. To be clear, an injury victim must file a lawsuit against the property owner within two years from the injury. Doing so, usually requires a poor lighting attorney.

However, if you get hurt on government property in a poor lighting fall, you may need to file a claim against a government agency. In these cases, the statute of limitations is much shorter. For claims against government agencies, you must typically file your claim within six months from the date of the accident. To preserve your right to seek compensation, you should discuss your case with a premises liability lawyer as soon as possible.

If you got hurt on someone else’s property because of inadequate lighting, a North County attorney can help with your case. Contact the Walton Law Firm today for a free consultation, and to learn more about your options in pursuing compensation for your harm.