Defective Lighting On Stairs, Can I Claim Compensation
By Stephen Hudson. Last Updated 29th June 2023. Throughout this guide, we will consider whether you could be eligible to claim compensation after suffering an accident caused by defective lighting on stairs. Inadequate lighting or defective lighting in stairwells could be dangerous, as an accident in this location could lead to a fall from a height.
If a third party owed you a duty of care and you believe they failed to take steps to remove or reduce the hazards that led to your injury taking place, you might be able to claim personal injury compensation for your suffering.
Keep reading to find out more about how poor lighting on a staircase could lead to someone tripping down the stairs or falling from a height.
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- Accidents Caused By Defective Lighting On Stairs
- What Accidents Could Inadequate Or Defective Lighting On Stairs Cause?
- What Injuries Could I Suffer In A Staircase Accident?
- Are You Eligible To Claim For Accidents Caused By Defective Lighting?
- What Could You Claim For Injuries Caused By Defective Lighting On Stairs?
- Talk To Us About Accidents Caused By Poor Lighting
In most areas of everyday life, you are owed a duty of care by a third party, this can be your employer at work, an occupier of a public space, road users, or medical professionals. This means that those who have a responsibility towards your safety must protect you from foreseeable hazards.
You could encounter stairs in different locations, including workplaces and public areas. Defective lighting on stairs could conceivably affect any stairwell, including:
- Access routes between work locations
- Walkways or fire escapes
- Carpark steps or retail entranceways
- School, hospital, and government building stairwells
Poor lighting, in general, can prevent you from seeing a hazard because you may be unable to see a spillage, identify a tripping hazard, and beware of changing floor levels. This can inevitably lead to an accident in which you are injured. Not all accidents mean those injured will ultimately qualify for compensation. The onus will be on you to prove how a duty of care that was owed to you was breached and how this consequently led to you being harmed.
Call us today. Our team will listen to your circumstances and provide further information about the merit of your potential claim.
Defective lighting on stairs could make it difficult for someone using them to spot various hazards. For example, it’s possible that poor lighting could conceal the presence of:
- Defective handrails
- Uneven or unusually high steps
- Spilt liquids
- Objects that have been left on the stairs
A piece of legislation known as the Workplace (Health, Safety and Welfare) Regulations 1992 make clear that workplaces should have an adequate amount of lighting to move safely from place to place. This includes stairwells.
There is another piece of legislation called the Occupiers’ Liability Act 1957. Under this law, a person in control of a space, known as the ‘occupier’, owes a duty of care to visitors using the space for its intended purpose.
Time Limit For Claiming For A Stairs At Work Accident
Those intending to claim for injuries caused by poor lighting on stairs at work should be aware of the relevant time limit to start proceedings. The Limitation Act 1980 outlines that there is generally a three-year time limit for starting a personal injury claim. This time limit applies from the date your accident occurred.
The time limit for starting a work accident claim can be different under certain circumstances. For instance, if the injured party is under the age of 18, then the time limit is paused until their 18th birthday. A claim could be made on the injured party’s behalf by a court-appointed litigation friend before this day. If this does not happen though, then the injured party will have three years to start their own claim from the day they turn 18.
Should the injured party lack sufficient mental capacity to make their own claim, then the time limit is suspended indefinitely. A litigation friend could make a claim on the person’s behalf instead. However, if the injured party later regains sufficient mental capacity and a litigation friend hasn’t made a claim, then the three-year time limit will begin from the date of recovery.
To ask questions about time limits or other aspects of making a work accident claim when injured by stairs at work, contact our advisors online or on the phone today.
It’s possible that defective lighting on stairs could lead to a range of injuries, not least because slipping on the top step could become a fall from a height. Injuries you could receive from tripping downstairs are:
- Broken or fractured bones, such as a broken rib
- Sprains and strains
- a head injury
- A brain injury, such as a concussion
- Nerve damage
- Dislocations, such as a dislocated shoulder
It is a good idea to seek out medical attention after any accident that involves falling down the stairs. Not only is it important that a professional treat the full extent of your injuries, but the medical report can also be a valuable source of evidence when making a personal injury claim.
Accidents happen and have all different causes. Some are not foreseeable and, therefore, cannot be prevented. It is only when the incident could have been prevented that a claim is likely. Defective lighting on stairs can lead to accidents.
Below we look at the criteria for making a personal injury claim:
- You were owed a duty of care in the place where the accident occurred.
- This duty was breached because health and safety legislation was not adhered to.
- Because of this breach, you sustained harm in the form of an injury.
Together, these three elements form the basis of negligence.
If you have more questions about how duty of care applies to defective lighting on stairs, call our advisers today.
Should your defective lighting on the stairs injury claim be successful, then the first Head of Loss that could be calculated is general damages. This head of claim takes into account the injury suffered and how this affected your life, and the pain it has caused. When looking at how to attach a figure that will reflect the harm that has been caused, legal professionals will revert to a document known as the Judicial College Guidelines. This illustrates a comprehensive list of injuries alongside their severities with a quantifiable compensation bracket.
|Harm Suffered||JCG Figures||Comments|
|Very Severe Head Injury (a)||£282,010 - £403,990||Little response to environment, little or no language function, and the need for full-time nursing care.|
|Moderately Severe Head Injury (b)||£219,070 - £282,010||Serious disability of a cognitive or physical nature. Level of award considers factors such as life expectancy, extent of physical limitations, and degree of dependence.|
|Total or Effective Loss of Both Hands (a)||£140,660 - £201,490||Severe injuries that lead to total or near-total loss of function in both hands.|
|Severe Knee Injuries (a) (i)||£69,730 - £96,210||Serious injury that ruptures the joint and leads to the development of osteoarthritis. Includes considerable pain and lengthy treatment.|
|Severe Knee Injuries (a) (ii)||£52,120 - £69,730||Leg fracture that extends into the knee and impairs agility, causes constant pain.|
|Wrist Injuries (a)||£47,620 - £59,860||Injuries that result in complete loss of function.|
|Toe Injuries (a) - Amputation of All Toes||£36,520 - £56,080||Traumatic or surgical amputation will affect what is awarded.|
|Serious Foot Injuries (e)||£24,990 - £39,200||Ongoing pain from traumatic arthritis or considerable risk of future arthritis.|
|PTSD (c) - Moderate||£8,180 - £23,150||Largely recovered with no disabling symptoms.|
However, if you have suffered financial losses, special damages may be awarded, which can reimburse you. Some of the things special damages could cover include:
- Lost wages
- Care costs
To find out more about the two heads of claim you could receive after a successful personal injury claim, call our team of advisers. They can tell you more about the compensation you could receive after sustaining an injury due to defective lighting on the stairs.
If you do not want to pay an upfront fee to hire a personal injury solicitor, you may consider using a solicitor that operates under a No Win No Fee Agreement. Our solicitors use what is called a Conditional Fee Agreement (CFA) as a type of No Win No Fee arrangement.
Generally, when working with a solicitor using a funding arrangement such as a CFA, there are no upfront payments to make to the solicitor. If the case proves to be successful, then a legally capped success fee will be taken from the settlement. Should the case fail, then no success fee is required.
To learn more about personal injury compensation:
Accident And Injury Claim Guides
More guides you may find useful:
Accident At Work – Information about claiming compensation after an accident at work
Car Accident – Guide for claiming compensation after a road traffic accident
Council And Local Authority – Resource for claiming personal injury compensation from a city council or local authority
Here are external links to other useful web pages.
NHS Broken Bone – How do I know if I have broken a bone?
Health and Safety Executive – Human Factors
Gov.UK – Compensation after an accident.
We hope this article about the ways in which defective lighting on stairs could lead to an injury claim has been useful. If you have any more inquiries, phone our advisers using the details above.