In a California personal injury case involving a poorly lit parking lot at a retail store, the property owner (often the store or shopping center) may be liable under premises liability law if someone is injured due to inadequate lighting. Injuries can result from slip or trip and falls, assaults, or vehicle accidents, and the lack of proper lighting may be considered a foreseeable and preventable hazard.
⚖️ California Civil Code § 1714 – Duty of Care
Under California Civil Code § 1714, property owners and occupiers (like retail stores) owe a duty of care to keep their premises reasonably safe for patrons. This duty extends to adjacent areas under the store’s control, including parking lots.
Inadequate lighting can violate this duty by:
- Concealing hazards like curbs, potholes, or spills
- Making it easier for assaults or robberies to occur
- Increasing risk of pedestrian-vehicle accidents
✅ Legal Elements You Must Prove
To bring a successful premises liability claim, you must show:
1. Duty of Care
The store (or property owner/manager) had a duty to:
- Provide sufficient lighting in parking lots
- Inspect lighting regularly
- Fix or replace burned-out bulbs
- Install lighting in high-risk areas
2. Breach of Duty
They breached their duty by:
- Failing to install or maintain adequate lighting
- Ignoring complaints or incidents in the poorly lit area
- Leaving bulbs burnt out or lighting fixtures broken for an extended period
3. Causation
You must show that the lack of lighting directly contributed to your injury, such as:
- Tripping on an unseen curb or pothole
- Being struck by a car in a dark area
- Being assaulted in an unlit section of the lot
4. Damages
You must show actual harm, such as:
- Physical injuries
- Medical bills
- Emotional distress or PTSD (especially in assault cases)
- Lost income
🔍 Critical Evidence to Support Your Case
📸 Photos and Videos
- Take pictures or videos immediately showing poor lighting conditions
- Document any hazards obscured by darkness
📝 Incident Report
- File a report with the store or property management and ask for a copy
👥 Witness Testimony
- Statements from others who saw the accident or also noted the poor lighting
🎥 Surveillance Footage
- May show the conditions at the time of the incident (request immediately)
🧾 Maintenance Logs
- Evidence that the lighting was not regularly inspected or repaired
📜 Police or Security Reports
- Especially helpful in assault or crime-related cases
🏥 Medical Records
- Document injuries and treatments to establish damages
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].