You’re walking to your vehicle in a parking lot after sunset. The lighting is poor, and you can’t see that there’s a rock in the parking lot. You trip and fall. You suffer a broken arm and cuts and bruises. Because of your injuries, you can’t work. The medical bills start to pile up.
You might have many questions and concerns about your injury. You may wonder who is liable for the injuries you sustained and if you will need a Las Vegas personal injury lawyer to help you get compensation. Here’s what you need to know about accidents because of poor lighting in Nevada.
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Questions About Accidents in Poor Lighting
When you suffer an accident because of bad lighting, your head can start to swirl with questions. You might wonder if there’s anyone you can hold responsible for what happened. It can be especially frustrating to deal with the aftermath of an accident if the accident is preventable. Here are just some of the questions that you might have after an accident in poor lighting:
- Why wasn’t the lighting better where I fell?
- Should the business have cleaned up debris that caused me to slip?
- Am I to blame for the accident?
- How will I pay for my medical bills?
- Should there have been hand railings that could have prevented the fall?
- Is there anyone that I can hold liable for the fall?
- What can I recover in an accident claim based on poor lighting?
- What does a jury usually award for a case based on poor lighting?
If you have some or all of these questions, we invite you to meet with our team of accident attorneys. We have years of experience helping good people make a plan to recover after an unfortunate accident because of bad light. Our team can examine the details of your case to determine if you have a claim for financial compensation. If you qualify to bring a claim, we immediately set to work to preserve evidence and build your claim.
Many Lighting Accidents Are Preventable
Even though we call them accidents, many lighting accidents are preventable. Maybe the business had a history of falls on the property, but they failed to take corrective action. Perhaps the lighting was inadequate based on the lighting in similar locations. Handrails could have prevented an accident that occurs on stairs. Perhaps the area was overcrowded. There are a number of ways that a lighting-related accident can be avoided.
When a reasonable person or business can take steps to prevent an accident, the person or business may be liable for the damages that result from an accident. Businesses aren’t expected to have a crystal ball, but they are required to take reasonable steps to keep their property safe. If they have inadequate lighting and they should have foreseen an accident, they may be liable for your financial losses and other damages like physical pain and emotional anguish.
What Amount of Lighting Is Adequate Depends on the Activity
Was the lighting at the time of your accident adequate? That depends on the activity and how the accident occurred. It’s possible that the lighting design was inadequate. It’s also possible that the lights that should have been on at the time were broken or turned off. The law looks at the entire set of circumstances to determine what’s reasonable.
Lighting Safety Is Part of Premises Liability
A business owner’s legal liability because of an accident that occurs in poor lighting is part of the law of premises liability. Premises liability is the idea that business owners have a duty to keep their property safe. They must take extra care to keep their property safe knowing that they invite customers on their property to do business. All property owners have a duty to take reasonable steps for the safety of their customers and other guests.
Business owners have a very high duty to inspect their property for safety dangers. They must take steps to check the property and provide an adequate warning or fix dangers. If lights break or burn out, they have a reasonable amount of time to notice the issue and correct it.
They also have a duty to install lighting that’s appropriate for the purpose of the business. The same standards of premises liability apply to poor lighting accidents that apply to all accidents that occur on business property and other property. Business owners must take measures to keep their property safe for visitors.
What Can You Recover After an Accident Because of Poor Lighting?
When you’re hurt in an accident because of poor lighting, you can recover for damages that are both economic and non-economic. Your economic damages are your direct, out of pocket, financial losses. You add them all up and include them in your claim.
There are also non-economic damages. Non-economic damages compensate you for the way your life has changed after the accident. Your physical suffering, mental injuries, and emotional suffering are all part of your non-economic damages. When you’re hurt because of a preventable poor lighting accident, you may claim a full range of economic and non-economic damages.
How Do I Build a Claim Based on Poor Lighting?
If you’re hurt because of poor lighting, it’s essential to begin working on your case right away. The sooner you can document the lighting at the accident scene and the circumstances surrounding your accident, the stronger your case will be. You can take steps to demand the preservation of videos, find witnesses, and take photographs of the accident scene.
To build your case, you need to gather the evidence to show that your accident could have been preventable if the lighting wasn’t so poor. Witness testimony can be compelling evidence. Documentation of the lighting in operation at the time of the accident is also important. You might also show that the business failed to take precautionary measures after other accidents occurred. You must show that the business failed in their duty to provide adequate lighting and that you got hurt as a result. Witness testimony, photographs, video, medical documentation, and your own testimony regarding the accident are all critical parts of the puzzle.
Have You Been Hurt Because of Poor Lighting? Contact Our Nevada Accident Attorneys
If you’re hurt because of an accident in poor lighting, contact our injury attorneys. We’re committed and dedicated to helping accident victims get the recovery that they deserve. Contact us today for a friendly and honest evaluation of your claim.
Adam S. Kutner is a top 100 trial lawyer with 32 years’ experience and expertise that will benefit you
Call us at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible so you can move forward on your healing journey.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 32 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.