Property owners have a duty to maintain their property in a reasonably safe condition, which includes making sure that the property is well-lit. When a property does not have adequate lighting, it can create a dangerous condition, and the property owner can be held liable for harm caused by accidents or crimes that occur because of the inadequate lighting. Fort Lauderdale premises liability lawyer Joseph I. Lipsky is an assertive advocate for his clients, and he can gather the evidence and facts needed to craft compelling arguments in support of your position to help you seek a successful outcome. Mr. Lipsky represents people in premises liability claims throughout South Florida.
While slip and fall accidents caused by liquid, debris, or a defect in the ground or floor are a common cause of claims against property owners, accidents can be caused by other factors as well. For example, many premises liability claims arise out of accidents caused by inadequate lighting. There are numerous ways in which a person can be harmed by inadequate lighting. A person may not be able to properly see where he or she is walking, causing a trip and fall, even if there is no dangerous condition on the ground or floor. Crimes perpetrated by other individuals, such as assault and robbery, are more likely to occur in dark areas as well. Additionally, if a person is attempting to navigate through a dark parking lot, they may be struck by a vehicle.
Falls, assaults, and other accidents and acts caused by inadequate lighting can result in fractured bones, soft tissue injuries, concussions, and other serious injuries. If a person is a victim of a crime in a dark area, he or she may suffer psychological trauma as well. If you sustained harm because of inadequate lighting in Fort Lauderdale or elsewhere in South Florida, you may be able to recover the cost of any medical expenses and loss of earnings that you sustained because of your injury, in addition to any medical expenses that you are likely to incur for future treatment. You may be awarded compensation for the pain and suffering caused by your harm as well.
Premises liability lawsuits generally set forth a negligence claim against a property owner. Proving that a property owner should be held liable under a theory of negligence requires the victim and their attorney to show that the property owner owed the victim a duty of care, the duty was breached, and the breach caused the victim to suffer actual harm.
In Florida, the duty of care that a property owner owes to a person entering the property depends on the person’s status. Invitees, who are people who were expressly invited to enter the property by its owner, are owed the highest duty of care. Property owners must protect invitees by warning them of any concealed dangers and by keeping the property in a reasonably safe condition. Licensees, who are people permitted but not expressly invited to enter the property, must prove that the property owner negligently failed to exercise reasonable care in maintaining the property, which may require the licensee to prove that the property owner had actual or constructive knowledge of a dangerous condition. Trespassers are due a lesser level of care, which usually involves refraining from intentionally harming them, but special rules apply to child trespassers.
Property owners have a duty to protect visitors from harm, and when they breach that duty, they should be held accountable. If you were injured in an accident caused by inadequate lighting on someone else’s property, it is crucial to consult an experienced personal injury lawyer regarding your claim. Joseph I. Lipsky assists people in premises liability cases throughout Palm Beach, Broward, Miami-Dade, Orange, and Monroe Counties, including in Fort Lauderdale, Miami, West Palm Beach, Orlando, and Key West. We have offices in Plantation, Miami, West Palm Beach, and Delray Beach. You can reach us via our online form or at 1-888-352-5298 to schedule a confidential and free meeting regarding your potential claims.