Inadequate Lighting Accident Claim *

Inadequately lit areas can make it difficult to see hazards and steps. It is common that certain areas are badly lit due to a light bulb that has not been replaced, poorly placed fittings and lack of lighting in the area. Accidents * are more likely to happen in a poorly lit area as it may be difficult to see what is in front of you. These accidents can happen anywhere and can lead to long-term injuries for those involved. Slip and fall accidents * are the most common type associated with accidents caused by badly lit areas. Incorrect lighting can make it more difficult to see potential hazards which may lead to accidents *. It is most common that these accidents happen either at work or in a public place *. These accidents * are commonly caused by negligence where the owner of the property has failed to provide a safe environment.

Who is liable?

If you have decided that you wish to pursue an inadequate lighting accident claim * you will need to determine who was liable for your accident and injuries sustained *. If there has been any contributory negligence on your part, you may not be eligible to make a claim.

Accident at Work *

If the accident occurred at work *, liability will most likely be placed on your employer. It is their responsibility to provide a safe working environment for their employees and a breach of this duty of care could find them liable. If there is a faulty bulb or lack of lighting in a certain area they should fix the problem as soon as possible to reduce the risk of accidents *. It is important that an employer carries out frequent risk assessments so that they can eliminate any potential hazards.

If the employer is renting the premises, the landlord may be found liable as they should ensure that their buildings are safe for any occupants. Any problems in the building should be reported to the landlord so that they can ensure that there are no problems.

Accident in a Public Place *

If you sustained injuries in public place *, such as a supermarket, due to inadequate lighting the owner of the building or property is likely to be found responsible. Under the Occupiers’ Liability Act 1995 an occupier of a premises owes a duty of care to any visitors to ensure that their health and safety is a priority. For example, if you sustained injuries * in a block of apartments then the owner of the building will be responsible. If it is the case, where maintenance of a public building is outsourced, the owner may still be found liable for failing to maintain and monitor the building.

Other areas that are supposed to be maintained for safe public use such as a car park or on the street, must also ensure that adequate lighting is in place to prevent accidents. For many public areas like parks, streets etc it may be the county council that may be liable. It is their duty to ensure that the area in which they are located is safe and all issues are maintained and fixed as soon as possible.

Common Injuries

• Traumatic Brain Injuries (TBI)

A traumatic brain injury is caused due to external forces such as physical assault, a traffic collision or banging your head after a fall. TBI is defined into three categories; Severe, Moderate and Mild. A concussion is a type of brain injury * which is caused by a blow to the head or a hit to the body which causes the brain to twist and move around the head.

• Back Injuries

This includes broken back and slipped discs. Slips and falls caused by inadequate lighting can lead to long-term back injuries. Slipped discs occur in the lower back and symptoms include sudden and severe pain that can worsen by everyday activities.

• Breaks and fractures

It is very common that people will sustain broken bones and fractures following an accident caused by poor lighting. These generally heal over time and will not leave you with long-term problems.

• Spinal Injury

These are most commonly associated with a blow or hit to the spine which causes disruption to the spinal cords function. There are a number of different types of spinal injury. Slips and fall are commonly associated with this injury.

Causes

• Poorly lit area
• Failing to replace blown bulbs
• Incorrect level of lighting
• Lack of Backup lighting
• Flickering lights
• Electrical failures
• Over-illumination making an area too bright
• Incorrectly placed lights
• Uneven lighting

How to Prevent Accidents

In order to reduce the risk of accident, there are a number of issues which should be looked at and things that can be done to prevent accidents caused by inadequate lighting.

Backup Lighting

If there has been an electrical failure which has led to poor lighting in an area in a public place or working environment, there should be backup lighting in place. A backup power source is essential to ensure the safety of people in an area. Occupiers and employers have a duty of care to ensure that this is not an issue in the building or property. Backup lighting can greatly reduce the risk of accident in an area.

Regular Risk Assessments

There should be regular risk assessments carried out in all work environments on a regular basis. They should identify hazards so that they can be eliminated in order to reduce the risk of injury. Risk assessments also help to determine if the procedures and regulations that are in place are working.

TELL US ABOUT YOUR CASE

If you would like more information on any aspect of this topic or the personal injuries claims * process, feel free to contact our solicitors on 01 649 9900 or email ask@traceysolicitors.ie.

With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.