While a poorly lit hallway or a flickering bulb might seem like a minor inconvenience, it can lead to potentially catastrophic injuries. Understanding how these circumstances contribute to accidents can help you recognize when a property owner has failed in their duty of care.
Property owner responsibilities under Arizona law
Premises liability law requires property owners to keep their property reasonably safe, including providing adequate lighting in all areas where people walk or do business. Their duty depends on the visitor’s purpose:
- Invitees: People on the property for business, such as customers in a store. Owners must give them the highest level of care, which includes checking for hazards and correcting dangerous conditions.
- Licensees: Social guests or others allowed on the property, but not for business. Owners must warn them about known dangers that are not obvious. However, the owners do not have to inspect the premises before these visitors arrive.
- Trespassers: Anyone on the premises without permission or legal right. Owners owe the least duty of care and usually must only avoid hurting them on purpose, though they must warn discovered trespassers of known, dangerous artificial conditions (such as broken fences with sharp edges) that pose serious risks.
Aside from the legal requirements, property owners must also follow professional standards when installing lighting. They must secure all fixtures, ensure electrical systems meet safety codes and provide lighting that suits the space and its intended use.
Common injuries caused by poor lighting
Poor lighting may prevent you or your loved ones from detecting hazards that would otherwise be easy to avoid, leading to potential injuries such as:
- Broken bones, particularly hip fractures and wrist breaks
- Traumatic brain injuries from striking your head during a fall
- Spinal cord damage that results in permanent disability
- Soft tissue injuries, such as torn ligaments and muscle strains
These injuries can change your life in an instant. They might leave you anxious about falling again or make you lose confidence in moving around on your own. What started as a simple trip to the store or a walk through a parking lot can lead to lasting limitations that affect every part of your daily life.
Liability in lighting related injury cases
To establish fault and pursue compensation, you must prove:
- The property owner had a duty to keep you safe based on your visitor status
- A dangerous lighting problem existed on the property
- The owner knew or should have known about the hazard through a reasonable check
- The owner did not fix the problem or warn you properly
- The hazardous lighting directly caused your accident and injuries
Arizona uses a comparative negligence system, which reduces your compensation if you share some responsibility for the accident. However, even if you are partially at fault, you can still recover damages depending on the property owner’s share of the responsibility.
How an attorney can provide assistance
Enlisting the help of an attorney early on can provide valuable insight into your case. They can address negotiations with insurance companies, who may try to minimize payouts or deny legitimate claims, on your behalf. If you go to court, you could potentially recover compensation for medical bills, lost wages, future treatment costs and pain and suffering.