By Jo Anderson. Last Updated 31st August 2023. Have you recently suffered an injury because there were no lights on a stairwell? Did inadequate lighting on a stairwell lead to a slip, trip or fall? In this guide, we aim to explain when you could be eligible to make a personal injury claim following an accident on the stairs due to inadequate lighting.
Additionally, we will discuss the various injuries you could suffer due to inadequate lighting on a stairwell. Also, we will share some potential compensation amounts you could receive for various injuries if your claim is successful.
This article will also explore the legislation in place to keep you safe in the workplace and in public spaces.
Whilst we have aimed to cover the information you need in this guide, we understand you may want to speak to someone personally about your potential claim. If so, our friendly team of advisors are on hand 24 hours a day, 7 days a week, to help answer your questions and provide you with some free legal advice.
You can talk to one of our advisors by:
Select A Section
- Could Inadequate Lighting Cause Accidents?
- How Could No Lights On A Stairwell Cause Accidents?
- What Injuries Could No Lights On A Stairwell Cause?
- Who Is Responsible For There Being No Lights On A Stairwell?
- What Could I Claim If No Lights On A Stairwell Caused An Accident?
- What Are No Win No Fee Claims For Trips And Falls?
Stairwells are spaces where a staircase is situated. You can find stairwells in various places, such as certain car parks, workplaces such as an office and in public such as a shopping centres.
It is crucial that these stairwells have adequate lighting, so you can see where you are placing your step. If there were no lights on a stairwell, this could be a safety hazard that could result in an accident, such as a slip, trip, or fall.
To be able to make a valid personal injury claim for inadequate lighting on a stairwell, you will need to prove that a third party breached the duty of care they owed you and that this caused you to become injured. We will explain what a duty of care is further on in this guide.
Contact our advisors today for further guidance regarding your potential claim for an injury following no lights on a stairwell.
There are various ways you could suffer in an accident due to there being no lights on a stairwell. Some examples include:
- You may have tripped or fell down the stairs because you couldn’t see the steps.
- You fail to see an obstruction on the stairs, leading you to trip over it.
- A broken step may be marked with visibility tape, but due to the lack of lighting, you are unable to see it and this causes you to fall.
Are Falls From Heights Common?
According to statistics from 2021 provided by the Health and Safety Executive (HSE), employers reported 51,211 employee non-fatal injuries in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).
The employer reports highlighted that falls from a height were the least common kind of accident at 8%. The most common accident kind was slips, trips, and falls on the same level at 33%.
Contact an advisor today for further guidance regarding slip, trip and fall claims.
If you were to trip or fall due to there being no lights on a stairwell, you could suffer from various injuries, such as:
- Breaks and fractures – e.g. broken knee or a broken wrist.
- Sprains and strains – e.g. a sprained ankle.
- A serious head injury
- Scrapes and cuts
If you suffered from any of these injuries due to there being poor and inadequate lighting on a staircase, you might be eligible to claim compensation if you can prove it was a result of someone else’s negligence. We have explored what negligence involves in more detail in the section below.
As we have already stated, in order to make a valid personal injury claim, you will have to prove that a third party breached their duty of care and caused you harm.
For the workplace, this duty of care is outlined within the Health and Safety at Work etc. Act 1974 (HASAWA) which is the main piece of workplace health and safety legislation. It states that employers must take all reasonably practicable steps to keep employees safe in the workplace.
Additionally, the Management of Health and Safety at Work Regulations 1999 generally makes it more explicit about what employers are required to do to manage health and safety under HASAWA. The requirements apply to every work activity.
The main requirement under the Act 1999 is for employers to carry out regular risk assessments. If an employer undertook a risk assessment and knew that there were no lights on a stairwell in the workplace yet did nothing to fix this, this would be a breach of their duty of care. If you are injured in an accident at work as a result of a breach of their duty of care, this is negligence.
For the people in control of a public space, this duty of care is outlined in the Occupiers’ Liability Act 1957. It states that the party in control of a public place must do all they can to ensure the reasonable safety of those visiting the space for the intended purpose. If they knew that a stairwell had inadequate lighting and did nothing to resolve this issue, they would be breaching their duty of care.
For more information on who can make a claim after suffering an injury due to no lights on a stairwell, contact our team.
How Long Do I Have To Claim For A Stairwell Accident Injury?
If you’re eligible to claim compensation for injuries caused because there were no lights in a stairwell, you will need to act within a certain timeframe.
Under the Limitation Act 1980, you would typically have 3 years to start a claim from the date of the accident. However, there may be some exceptions that could apply to some cases.
For example, if someone lacks the mental capacity to make a stairwell accident compensation claim, the 3-year time limit is frozen indefinitely. While the limitation period is frozen, a litigation friend could make a claim on their behalf. If no claim is filed, and the person regains this mental capacity, they would have three years from the date of recovery to start a claim.
The time limit is frozen for minors until their 18th birthday. From this date, they will have until their 21st birthday to file a claim. Prior to this date, a litigation friend could act on their behalf.
To learn more about time limits for personal injury claims, you can contact an advisor.
If you are awarded compensation after a successful personal injury claim, your settlement may be divided into general and special damages.
The pain and suffering caused by physical and mental injuries you suffered could be compensated under general damages. There is also consideration given to how your quality of life was affected.
When valuing claims, many personal injury solicitors will use a document called the Judicial College Guidelines (JCG) to help them.
We have created the following table using the amounts listed in the 16th edition of the JCG. Please note that these figures are guideline amounts only.
|(a) Severe (ii) – The discs in the cervical spine have been seriously damaged or fractured. This can cause a serious loss of neck movement.
|£65,740 to £130,930
|Injuries Resulting from Brain Damage
|(c) Moderate (iii) – Memory and concentration are impacted. The ability to work is also reduced, and there is a slight risk of epilepsy. There may be other symptoms present.
|£43,060 to £90,720
|(b) Severe (ii) – Very serious injuries that mean the person will need mobility aids for the rest of their life.
|£54,830 to £87,890
|(a) Severe (ii) – Limited movement and constant pain due to a fracture in the leg that extends into the knee joint.
|£52,210 to £69,730
|(b) Some useful wrist movement remains despite a permanent and significant disability.
|£24,500 to £39,170
|(b) Moderate (ii) – The muscles and ligaments in the back have been disturbed, which can cause backache.
|£12,510 to £27,760
|(c) Moderate – Difficulty walking on uneven ground due to injuries such as ligamentous tears or fractures in the ankle.
|£13,740 to £26,590
|(b) Serious – Neck and shoulder pain due to a dislocated shoulder and damage to the brachial plexus. This can cause aching in the elbow and a weak grip.
|£12,770 to £19,200
|Other Arm Injuries
|(d) Simple forearm fractures.
|£6,610 to £19,200
|(g) Serious pain following a soft tissue injury or the ribs being fractured.
|Up to £3,950
Additionally, you could also receive special damages as part of your settlement to compensate you for the financial losses you suffer due to your injuries. These losses can include:
- Lost wages
- The cost of home adaptations due to your injuries
- Travel expenses, such as travelling to and from medical appointments
- The cost of mobility aids
Call our advisors today for free legal advice if you have been injured due to a breach in a duty of care.
If you have been injured due to there being no lights on a stairwell and would like to make a claim, one of our personal injury solicitors may be able to help. They could offer a type of No Win No Fee service. For example, they may offer there services under a Conditional Fee Agreement (CFA). There are many benefits to hiring legal representation under a CFA.
For example, there is generally nothing to pay to your solicitor for their services upfront, while your claim is ongoing or if your claim fails
If your claim succeeds, a success fee is taken out of your compensation. The fee is capped by law.
If you still have any questions regarding your particular claim, you can contact our advisors for some free legal advice. Our friendly team is available 24/7 to help you regarding your personal injury claim. If they find your claim to be valid, they may connect you with one of our expert solicitors.
To learn more, you can talk to one of our advisors by:
Related Workplace Injury Claim Guides
For more of our guides about personal injury claims:
- Psychological injuries compensation calculator
- What happens if you lose your personal injury claim?
- Unsafe work area claim – What are your rights?
Further external information can be found at:
- HSE – Human factors: lighting, thermal comfort, working space, noise and vibration.
- HSE – A brief guide for workers
- NHS – Sprains and strains
Call our advisors today if you have been injured at work due to there being no lights on a stairwell.