Inadequately lit areas can make it difficult to see hazards and steps. It is common that certain areas are badly lit due to a light bulb that has not been replaced, poorly placed fittings and lack of lighting in the area.
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Accidents are more likely to happen in a poorly lit area as it may be difficult to see what is in front of you. These accidents can happen anywhere and can lead to long-term injuries for those involved. Slip and fall accidents are the most common type associated with accidents caused by badly lit areas. Incorrect lighting can make it more difficult to see potential hazards which may lead to accidents. It is most common that these accidents happen either at work or in a public place. These accidents are commonly caused by negligence where the owner of the property has failed to provide a safe environment.
If you have decided that you wish to pursue an inadequate lighting accident claim you will need to determine who was liable for your accident and injuries sustained. If there has been any contributory negligence on your part, you may not be eligible to make a claim.
If you sustained injuries in a public place, such as a supermarket or cinema, due to inadequate lighting the owner of the building or property is likely to be found responsible. Under the Occupiers’ Liability Act 1995 an occupier of a premises owes a duty of care to any visitors to ensure that their health and safety is a priority. For example, if you sustained injuries in a block of apartments then the owner of the building will be responsible. If it is the case, where maintenance of a public building is outsourced, the owner may still be found liable for failing to maintain and monitor the building.
Other areas that are supposed to be maintained for safe public use such as a car park or on the street, must also ensure that adequate lighting is in place to prevent accidents. For many public areas like parks, streets etc it may be the county council that may be liable. It is their duty to ensure that the area in which they are located is safe and all issues are maintained and fixed as soon as possible.
If the accident occurred at work, liability will most likely be placed on your employer. It is their responsibility to provide a safe working environment for their employees and a breach of this duty of care could find them liable. If there is a faulty bulb or lack of lighting in a certain area they should fix the problem as soon as possible to reduce the risk of accidents. It is important that an employer carries out frequent risk assessments so that they can eliminate any potential hazards.
If the employer is renting the premises, the landlord may be found liable as they should ensure that their buildings are safe for any occupants. Any problems in the building should be reported to the landlord so that they can ensure that there are no problems.
Common injuries resulting from an inadequate lighting accident include:
A traumatic brain injury is caused due to external forces such as physical assault, a traffic collision or banging your head after a fall. TBI is defined into three categories; Severe, Moderate and Mild. A concussion is a type of brain injury which is caused by a blow to the head or a hit to the body which causes the brain to twist and move around the head.
This includes broken back and slipped discs. Slips and falls caused by inadequate lighting can lead to long-term back injuries. Slipped discs occur in the lower back and symptoms include sudden and severe pain that can worsen by everyday activities.
It is very common that people will sustain broken bones and fractures following an accident caused by poor lighting. These generally heal over time and will not leave you with long-term problems.
These are most commonly associated with a blow or hit to the spine which causes disruption to the spinal cords function. There are a number of different types of spinal injury. Slips and fall are commonly associated with this injury.
Causes of inadequate lighting claims have included:
In order to reduce the risk of accidents, there are a number of issues which should be looked at and things that can be done to prevent accidents caused by inadequate lighting.
If there has been an electrical failure which has led to poor lighting in an area in a public place or working environment, there should be backup lighting in place. A backup power source is essential to ensure the safety of people in an area. Occupiers and employers have a duty of care to ensure that this is not an issue in the building or property. Backup lighting can greatly reduce the risk of accidents in an area.
There should be regular risk assessments carried out in all work environments on a regular basis. They should identify hazards so that they can be eliminated in order to reduce the risk of injury. Risk assessments also help to determine if the procedures and regulations that are in place are working.
Following an accident in a public place, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after a public place accident, take a second to assess yourself to determine if you have any injuries and seek the relevant medical attention. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
If you have an accident in a public place it is important to report it to the persons who are in charge of the upkeep of property.
Examples of such are:
If possible, try to collect the contact details of anybody that witnessed the accident. This may be of good use if you do decide to pursue a public place accident claim. It is also useful to find out if there is any CCTV in the area where the accident happened.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a public place accident claim for any personal injuries sustained it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A public place accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist public place accident solicitor to help you with this.
When you decide you want to move forward with your public place accident claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the public place accident claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
One of the most important documents in your case is a medical report. Your solicitor will ask for your doctor’s or Hospital details so they can obtain a report on your injuries. This report will then be used to allow us to progress your case.
As soon as your solicitor has gathered all the information, your public place accident claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim, they will revert with a suggested settlement amount to your solicitor. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the party at fault will be ordered to pay settlement to you.
b. If either you or the party at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus of your recovery, as they focus on settling your case.
At Tracey Solicitors LLP, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your public place accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email ask@traceysolicitors.ie to tell us about your case.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a public place accident claim you may be entitled to claim compensation for the accident and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a public place accident.
Special damages are out of pocket expenses incurred as a result of the public place accident, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the accident (for example, travel to and from the hospital). Learn more about Special Damages
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.
Learn more about Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
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