Specifically, under New York law, homeowners and home tenants have the duty to keep their property in a “reasonably safe condition in view of all the circumstances.” Such circumstances include the likelihood of injury to others and the burden of avoiding the risk of injury to others. The duty to keep the premises safe extends, not only to people on one’s property legally, but to trespassers as well. Such a duty, will often include the responsibility to keep the areas and walkways surrounding one’s home sufficiently illuminated. Thus, if you tripped and fell due to a lack of lighting, you may be able to sue for damages.
Inadequate or non-existent lighting outside and around one’s home can pose a serious hazard to those entering a home’s premises. These hazards can be intensified as home entrances and walkways often contain steps or changes in elevation. Therefore, they can be tripping hazards on their own. Further, with the increase in food delivery and online shopping, more people are approaching/entering homeowner’s property during nighttime. The influx in foot traffic makes it imperative that homeowners sufficiently illuminate the entrance and exits to their premises. If the “circumstances” of injury involve a person the homeowner has attracted to their property, such as a delivery drivers, the homeowner’s legal duty might be considered even stronger by the Courts, as the presence of the delivery person is a foreseeable event.
Notably, this past month Zalman Schnurman & Miner P.C. earned a settlement of $250,000 for an Instacart delivery driver. The driver was approaching a house to deliver groceries ordered online by one of the home’s residents. The walkways and entrance to the home were not illuminated. The Instacart driver ended up tripping on a change in the home’s walkway elevation and suffered a broken foot. The homeowner was represented by her insurance company, with whom a settlement was negotiated. Thus, you can sue if you tripped and fell due to a lack of lighting.
If you or a loved one has been injured in a trip and fall due to poor illumination, you should contact an experienced personal injury attorney as soon as possible. At Zalman Schnurman & Miner we have over thirty years of experience in litigating trip and fall cases. The first consultation is always free. You can reach us for a free consultation over email at info@1800lawline.com, over the telephone at 212-668-0059, or on our website at 1800lawline.com.