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Injuries Caused by Inadequate Lighting or Warnings

In Delaware and Pennsylvania, the owner of commercial or residential property has certain duties with respect to persons who are invited onto the property. These duties include adequately lighting a property and providing reasonable warnings to visitors of any known risks of injury.  This is an issue that falls under premises liability, an area where we help clients obtain compensation for their injuries.

Common Sense Rule for Owners

The owner or occupier of property has a legal duty to anyone who enters the property  (a tenant, a shopper, a personal or business visitor) not to subject that person to an unreasonable risk of injury because of the design, construction or condition of the property. The owner has this duty because the owner controls the premises, not the visitor.

For instance, if it’s a commercial property where shoppers come at night and an outdoor surface is slippery and unlit, if that person slips and is injured as a result, that property owner should be held responsible.  It’s the owner, not the visitor, in control of the placement and maintenance of the lighting.

Sufficient Lighting and Warning of Dangers

Another issue with proper lighting is that without it, there may be a foreseeable increased risk of crime to visitors.  If someone visiting the property under poorly lit conditions the owner is aware of becomes a crime victim, the property owner may face liability.

If there is construction or repairs going on at a property and visitors are not warned or (even better) physically prevented from entering an area that’s potentially hazardous, and a visitor is injured, the owner of the premises might also be held responsible.

For commercial property, whether the owner or the business leasing space in the property is legally responsible for an accident depends on a number of things, including the location of the accident (common area or within the business’ space) and the language of the lease or contract between the owner and business. If you are injured at a place of business, you should notify it of the accident and any injuries you’re aware of.

Common Sense Rule for Visitors

It’s not all about the owner and occupier.  If the person is injured while acting in an unexpected, unauthorized, or dangerously careless way, the property owner or occupier may not be responsible for the injury.  If at a commercial property there are stairs where it’s posted “Skateboarding not allowed” and while skateboarding down the staircase handrail, the person is injured, the property owner may not be liable.

Contact Our Office

At the office of Michael J. Hood, LLC, we have provided comprehensive counsel to personal injury victims in Delaware and Pennsylvania for more than three decades. We know the impact a personal injury can have on your life, and we understand how important it can be to get straight answers to all your questions. We will take all the time necessary to learn about your accident, as well as what you need to move forward, so that we can set realistic expectations about your likelihood of success. We will carefully assess the strengths and weaknesses of your case so that you can make practical decisions about how you want to proceed.

We offer the knowledge, skill, experience and resources to help you pursue full and fair compensation for all your losses, including lost wages and income, medical expenses, loss of companionship, and physical pain and suffering. For a free initial consultation, contact us online or call our office at (302) 777-1000.