As autumn approaches, the days will naturally get shorter. The night can arrive shortly after work, making your daily travels more challenging. If you slip and fall on someone's property at night, then you may have an injury case on your hand. The darkness can have a lot of impacts on a slip and fall case. By breaking down different elements, you can see if you have a case and help present different claims to personal injury attorneys.
Premises Liability Claim
If you are injured while walking in the dark, then you may sue the owner of the property through a premises liability claim. This claim basically states that the property owners did not properly provide you with a safe environment to walk on. This type of liability can apply to both business owners and private home owners. When allowing people on the property, it is expected to have safe conditions for anyone that is visiting the location. For home owners, these claims will likely go through their home owners insurance. For businesses, the claims will likely go through their commercial insurance and liability protection plans.
A lawyer can help sort it out and seek the responsible parties for your injuries. As this type of claim moves forward, there are multiple aspects and pieces of evidence that you need to prove in the case.
Insufficient Lighting
One of the biggest reasons for slipping and falling in the dark is improper lighting. Poorly lit areas can easily lead to a person slipping or falling on pavement or hard ground. A home or business owner has the responsibility to provide proper exterior lighting on walkways, driveways, and parking lots. By using images and videos, you can showcase how the lighting was on the night of your accident. A lawyer can show how simple lighting changes or upgrades would have made a difference in your injury.
Walkways and Obstacles
In some cases, there may have been walkway obstacles that caused your slip and fall injury. During dark autumn nights, it can be hard to see these obstacles. For example, a rake or wheelbarrow may have been left out during yard clean-up. Those supplies may have resulted in your injury and would become a part of a premises liability claim. Witness statements and your own testimony can showcase how these obstacles caused your injury and ways that they were hard to see while traveling on walkways. Even items that a child left out could be included in a premises liability case. For example, a skateboard or bike could have been left out and resulted in your injury. The parents could be held liable for not properly cleaning their yards or having their children complete these tasks.
Autumn Changes
The changes in fall can result in a lot of potential hazards on walkway areas. While many people focus on the snow and ice in winter, wet leaves can become really slippery if they are left untreated. While it may be easy to navigate around leaves during the day, the darkness of an autumn night can cause the leaves to blend into walking areas. Conditions can be made even worse after a rain storm or shower. A lawyer can showcase negligence on the part of the property owner due to not removing the leaves within a reasonable amount of time. If the leaves were taken care of, then your fall could have been prevented.
It's easy to blame falls on clumsiness or accidents, but it's important to be aware of the potential case that you may have. If the fall could have been prevented, then a lawyer can help you get compensated.
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