Inadequate lighting injury compensation claims
The following guide takes you through what you should know about making a poor lighting accident compensation claim.
Accidents and injuries arising from trailing wires, discarded rubbish or unmarked steps often result in claims for compensation. Slip and trip claims are particularly common examples, and such injury claims frequently have a greater chance of success if the accident has occurred in an badly lit environment.
Quittance's solicitors have helped claimants receive compensation for accidents related to inadequate lighting hazards, including those that occurred in unlit stairwells, dark storerooms and streets and roads with damaged street-lighting.
If you have suffered an inadequate lighting injury in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
If an area is badly lit, steps, wires and other hazards can be harder to avoid. An area may be poorly lit due to a lack of lighting, poorly placed light fittings, or because light bulbs have blown and have not been replaced.
Inadequate lighting in a public place or in the workplace can make it easier to prove that a defendant was responsible for your accident. In order to win claim you may need to prove that the defendant has been negligent in failing to install and maintain adequate lighting.
A failure to install or regularly check on lighting may amount to a 'breach of duty of care'. It is necessary to establish who is responsible for keeping an area well lit to determine whether that party owed you a duty of care, and whether they can therefore be held liable for your injury.
If the accident was at work
Usually if the accident happened at work your employer will be found to be responsible. However, if they rent the office space it may be that the landlord they rent from is responsible for maintenance of lighting. This is more likely to be the case in common areas like stairwells and entryways.
If the accident was in a communal area
If you were injured as a result of a fall in a communal area - for example in the stairwell in a block of flats - the owner of the building may be responsible. The owner may outsource their maintenance duties to another company, a managing agent. In either case, failing to monitoring the state of the lighting and carrying out regular repairs may amount to negligence.
If the accident was in public
If you slipped or tripped due to poor lighting in a public place such as a street or subway, the local authority or council may be responsible. Your solicitor will be able to identify the responsible party and confirm how to proceed with a claim.
I have a strong claim - why won't a solicitor take it on?
Poor lighting is likely to be one of several factors that contributed towards an accident and injury. However, the circumstances of an accident do not, in most cases, affect the amount of compensation awarded. The compensation calculation is based instead on the severity of the injuries and the impact these injuries have on a person's life.
You may be able to make a compensation claim for:
- The pain and suffering caused by the injury
- Medical costs
- Income lost due to incapacity
A no win no fee arrangement (also known as a CFA or Conditional Fee Agreement) is put in place between the claimant and a personal injury lawyer.
The Conditional Fee Agreement is the conditions under which the solicitor acts for the claimant.
The CFA outlines what the lawyers will actually do as well as how he is remunerated if the case is ultimately successful.
If you instruct our solicitors for your poor lighting injury compensation claim there are absolutely no extra charges , no up-front fees and the reassurance that you will never be financially out of pocket.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
The national panel of Quittance solicitors handle all types of personal injury claims, from fast track claims to life-changing injury. Our solicitors are chosen for their track record in winning cases and their specialist knowledge.
About the author
Jonathan has over 30 years' experience in the personal injury sector and has been awarded the rank of Senior Litigator by the Association of Personal Injury Lawyers (APIL).
Read more about this Quittance Legal Expert