Inadequate lighting on a premises can, unfortunately, lead to devastating accidents and injuries. Therefore, it’s advisable to consult with an experienced Chesterfield County Premises Liability Lawyer to assist in navigating these challenging circumstances. The following blog explores who can potentially face liability for your damages.
How Does Poor Lighting Lead to Injuries?
Poor lighting on properties in South Carolina generally presents the most significant hazard in the form of slips, trips, and falls, as individuals may be unable to discern and avoid ground-level obstacles. For instance, navigating a dimly lit parking lot may obscure a curb or pothole, leading to a subsequent slip and fall accident. Similarly, traversing a darkened staircase could conceal a missing handrail or a wet surface, potentially resulting in a fall and severe injuries.
Furthermore, locations with insufficient illumination can contribute to an escalation in criminal activity, such as assaults and thefts. The diminished lighting often emboldens perpetrators who perceive their actions as less likely to be detected. Consequently, victims of assault may sustain life-altering injuries.
Regrettably, accidents stemming from poor lighting can occur in diverse settings, and such incidents can lead to a range of catastrophic injuries.
Who Can Face Liability for My Damages?
Determining liability for injuries sustained due to inadequate lighting on a property can be a complex undertaking, influenced by various factors. Generally, the property owner or manager can be held liable. This is because under South Carolina’s premises liability laws, property owners have a legal duty to maintain reasonably safe premises for tenants, visitors, and customers. To hold them responsible, they must have known or should have known about the poor lighting and failed to take reasonable steps to remedy the hazardous condition.
Nevertheless, if they hired a contractor to install or maintain lighting, and the company was negligent in their duties, they could also be held accountable for your damages. In certain circumstances, such as a slip and fall on an unlit sidewalk due to defective street lights, a municipality may be held liable. However, litigation against a municipality can present unique challenges, generally necessitating the prior submission of a notice of claim. This notice formally apprises the governmental entity of the claimant’s intent to initiate legal proceedings and provides them time to investigate the merits of the claim.
While most premises liability claims are subject to a three-year statute of limitations from the date of injury, the timeframe for filing a notice of claim against a government entity is considerably shorter. Failure to adhere to this period can result in the forfeiture of one’s right to pursue a lawsuit.
For more information, please don’t hesitate to contact a determined attorney at The Cockrell Law Firm, P.C.