To prove that improper lighting caused your trip and fall, you must show that the poor lighting obscured a hazard, the property owner knew or should have known about the issue, and their failure to address it directly caused you harm.
While holding the negligent property owner accountable may sound complicated, it doesn’t have to be. In this guide, our experienced slip and fall accident lawyers at Sherrod & Bernard, P.C., explain the legal definition of negligence, how to identify a valid premises liability claim, and what evidence can prove your claim.
What Elements of Negligence Must You Prove in a Georgia Trip and Fall Case?
To prevail in a trip and fall accident claim in Georgia, you must prove the four essential elements of negligence. Those four elements are:
- Duty of care – The property owner or manager had a legal responsibility to maintain reasonably safe conditions for all lawful visitors to their property.
- Breach of duty –The owner or manager failed to uphold their duty of care by failing to address the improper lighting.
- Causation – The breach of duty directly caused your injury, which would not have occurred but for the property owner’s or manager’s negligence.
- Damages – The injury caused by the negligent party resulted in actual harm, like medical bills, lost wages, property damage, pain and suffering, or emotional distress.
The evidence you present in your case must prove that the at-fault party meets the legal definition of negligence in Georgia. An experienced trip-and-fall accident attorney can investigate the incident, determine what evidence may be available, and obtain that evidence to build a compelling case.
What Evidence Can Prove the Property Owner’s Negligence?
To recover compensation in a slip and fall claim, you must offer substantial evidence. Proper documentation can prove that the failure to maintain proper lighting caused the accident and that the property owner ignored known dangers. Your trip and fall accident lawyer will likely seek evidence of the property owner’s negligence, such as the following:
- Photos/videos – Visual evidence from the accident scene provides some of the most convincing proof in a slip and fall accident claim. Take photographs and videos of the area where you fell and collect evidence showing that a lack of proper lighting contributed to the accident, including photos or video footage of the burned-out bulbs, dark corners, dimly lit areas, broken light fixtures, and other hazardous conditions. If surveillance cameras recorded the incident, your attorney can request the footage before the owner deletes it.
- Physical evidence – The clothing and shoes you wore when the fall accident happened on someone else’s property can provide compelling evidence. They can help tell the story of what happened in a poor lighting accident and show how you have suffered serious injuries. Your attorney may also visit the property to examine the lighting firsthand and get hard brightness level numbers using professional tools.
- Eyewitness testimony – If anyone saw the accident happen, they may provide powerful testimony confirming your version of events. If anyone witnessed the property owner failing to address a known lighting issue over an extended period, their statement may also help prove negligence.
Where Can Improper Lighting Contribute to Trip and Fall Accidents?
Poor lighting can support a valid premises liability claim in many settings. Some of the most common locations include:
- Parking lots – Dim or broken lights may make it hard to spot potholes or uneven pavement, raising the risk of a serious fall. The danger is greater in a parking lot when it is full of moving vehicles.
- Swimming pools – Insufficient lighting around pools can lead to trips and falls on pool equipment or into the pool itself, which can be particularly dangerous for children and older people.
- Stairwells – Staircases pose a serious hazard even when adequately lit. However, when the lighting is poor, the risk becomes more serious. Even one missing bulb can make it difficult to see the steps ahead of you in a stairwell.
- Hallways – Dimly lit hallways cluttered with items can quickly become tripping hazards. If the hallway leads to an open stairwell, it poses a serious risk of life-altering injury.
- Restrooms – Dark restrooms make it challenging to notice wet floors or uneven tiles. A slip-and-fall onto a hard plumbing fixture can cause significant damage.
- Grocery stores – When aisles are inadequately lit, customers may miss misplaced products or spills on the floor.
- Workplaces – Employers must ensure that workers can move safely throughout the workplace, including providing adequate lighting in hallways and stairwells.
What Injuries Occur in Inadequate Lighting Trip and Fall Accidents?
A simple trip and fall can cause life-changing injuries. In poor-lighting situations, victims often can’t properly brace for impact, increasing the risk of more serious consequences. Common injuries include:
- Cuts and bruises
- Knee and ankle injuries
- Broken bones
- Back and spinal cord injuries
- Concussions and traumatic brain injuries (TBI)
After any trip and fall, seek medical attention immediately. A prompt evaluation can help you recover faster. Also, your doctor will create medical records that will help connect your injuries directly to the accident.
How Long Do You Have to File a Trip and Fall Accident Claim in Georgia?
Under Georgia law, you typically have two years from the date of the injury to file a personal injury lawsuit. For cases involving government entities, the procedure is more complicated, and the deadline is significantly shorter.
Regardless of how long you have to file your personal injury lawsuit, acting swiftly and contacting a trip-and-fall accident lawyer is essential. The legal process will take time. Evidence can be lost or destroyed, witness memories can fade, and insurance companies often use stalling tactics. The faster you speak to an attorney, the stronger your case can be.
Contact a Georgia Premises Liability Lawyer Near You
If you’ve suffered injuries in a slip and fall case caused by property owner negligence, you need an experienced attorney to protect your rights. The team at Sherrod & Bernard, P.C., has proudly represented injured Georgia residents for over 30 years. In that time, we’ve recovered millions in settlements and verdicts on their behalf. Many of those clients have shared kind words about their experiences with us through heartfelt testimonials.
While you focus on your recovery, we will fight for the compensation you deserve. Contact us today to receive a free consultation.
