You walk into a store and the lighting shifts from bright to dim. A wet floor, uneven surface or step may be harder to see until it is too late. When poor lighting contributes to a fall, it may become part of a premises liability claim.
How poor lighting can contribute to a fall
Dim or poorly placed lights can make it harder to see spills, floor transitions or changes in elevation. You may not notice a puddle near a refrigerator case or a step down into another area.
Dark stairways, shadowed entrances and poorly lit transitions can make hazards harder to detect. The key question is whether the lighting contributed to the dangerous condition or prevented you from seeing the hazard.
When store lighting becomes a premises liability issue
Under New York law, property owners must exercise reasonable care to keep their premises in a reasonably safe condition. A property owner may be liable if it created a dangerous condition or had actual or constructive notice of it and a reasonable opportunity to remedy it. Constructive notice generally requires the condition to be visible and apparent long enough for the owner to discover and correct it.
In Fitzmorris v. Alexander, a 2025 Second Department case involving a Nassau County property, the plaintiff testified that poor lighting prevented him from seeing where he was stepping on a staircase. The court reversed summary judgment for the property owner, finding that issues remained concerning the dangerous condition and notice.
What to do after a fall in poor lighting
If poor lighting may have contributed to your fall, preserve evidence of the conditions as soon as possible:
- Take photos or video showing the lighting and hazard
- Gather witness information
- Request an incident report from the store
- Keep medical records and other accident-related documentation
Keep these records together after the accident. They may help establish the conditions that existed when you fell and support your account of what happened.
Moving forward after a lighting-related injury
Preserving evidence can help establish what happened and whether the property owner may be responsible. A personal injury attorney can review the circumstances of your fall and help you understand whether the property owner may be liable.