By Cat Swift. Last Updated 22nd August 2023. If you have suffered an injury due to inadequate stair lighting, you may wonder whether you could be eligible to make a personal injury claim. If the injury occurred at work or in a public place and resulted from a third party breaching their duty of care, this is referred to as negligence. This guide will expand on this to look at when you could be eligible to make a personal injury claim for compensation following an accident on a set of stairs.
This guide will explore the personal injury claims process and discuss potential compensation figures for a successful case. Furthermore, we will examine how an accident could occur due to inadequate lighting and the relevant legislation governing health and safety in public places and workplaces.
At Accident Claims UK, we also offer confidential legal advice at no cost. Our team of claims advisors are available 24 hours a day, any day of the week. They can offer insight into the eligibility of your claim, as well as advice on the next steps you could take.
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- What Is Inadequate Stair Lighting?
- What Accidents Could Be Caused By Inadequate Stair Lighting?
- How Could You Be Injured By Falling On Stairs?
- What Could You Claim If Inadequate Stair Lighting Caused Your Accident?
- Get Help With Accidents Caused By Inadequate Stair Lighting
Adequate stair lighting means having the appropriate lighting on a set of stairs. So if the lighting in a public place or at work is inadequate, this could cause a variety of different accidents, especially when the lighting is poor on a stairwell. While in public and at work, you are protected by health and safety laws. This means that occupiers and employers both have a responsibility to your health and welfare:
Employer’s Duty Of Care
In the workplace, all employers owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). This places a responsibility upon employers to carry out reasonably practicable steps to ensure the safety of their employees at work. One of these duties includes carrying out risk assessments.
To explore this duty in relation to adequate lighting in the workplace, we can also look at The Workplace (Health, Safety and Welfare) Regulations 1992. This states that all workplaces should have sufficient and suitable lighting.
How Could An Employer Breach This Duty Of Care?
For example, a workplace risk assessment shows that the lighting on a stairwell is insufficient and presents a health and safety risk. However, your employer does not mitigate this risk by improving the lighting or preventing stairwell use with clear signage. This could cause you to have an accident at work and result in you sustaining injuries, for which you may be eligible to make a personal injury claim.
The Occupiers’ Duty Of Care
As per the Occupiers’ Liability Act 1957, the body in control of a public space must ensure the reasonable safety of its visitors, who are using the place for its intended purpose. For example, the local council or authority may be the body in control of a public park.
If you were to suffer an injury in a public place due to the occupier breaching their duty of care, you might be eligible to claim directly against them. If you have had an accident in a public place and would like to see whether you qualify for compensation, please get in touch with an advisor from our team.
Various accidents could be connected to inadequate stair lighting, for example:
- Your employer does not change a broken bulb in a stairwell within a reasonable time frame despite being informed of the hazard. As a result, you cannot see where you are going and lose your footing. This is a slip, trip and fall accident causing a dislocated shoulder and back injury.
- Due to poor lighting in a gym stairwell, you are unable to see that the railing is broken. Due to this, you fall from a height and sustain a broken wrist and head injury.
Trip And Fall Statistics
The Health and Safety Executive (HSE) regulate workplace safety in Britain. Employers must report certain injuries to the HSE under The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The HSE then compile this data into useful statistics tables, which show non-fatal employee injuries reported under RIDDOR in 2021/22 was 61,713. Same-level slips, trips or falls caused 18,721 of these and falls from a height resulted in 5,083.
You could have valid grounds to claim compensation if you have been in an accident where you sustained injuries due to third-party negligence. Please get in touch with an advisor from our team to learn more.
Falling due to inadequate stair lighting could cause a variety of injuries. For example:
- Broken bones or fractures
- Soft tissue injuries
- Sprains or strains
- Brain or head injuries
- Lacerations, cuts and bruising
Please speak to a member of our team to discover whether you could be eligible to make a personal injury claim.
Time Limit For Claiming If Hurt Falling Down Stairs
The time limit for personal injury claims is set out by the Limitation Act 1980. This time limit is generally three years, which means you need to start your claim within three years of falling down the stairs.
However, in some circumstances, you may be able to make a claim outside of this time limit. For example, if you are injured due to poor lighting for stairs when you’re under the age of eighteen, the time limit freezes. A litigation friend can make the claim on your behalf during this time; otherwise, you can make your own claim when the time limit resumes on your eighteenth birthday.
The time limit is also suspended for those who lack the mental capacity to claim for themselves, though in these cases, it is suspended indefinitely. A litigation friend can make a claim at any point while the time limit is suspended, but otherwise, the time limit will only reinstate if the claimant regains the needed capacity.
To find out if you are within the correct time limit to make a claim, contact our team of advisors today.
A successful personal injury claim for inadequate stair lighting can see an award of up to two heads of claim: general and special damages. Firstly, we will explain general damages, which accounts for the physical pain and suffering caused by your injuries and any psychological harm you have sustained.
We have included a table below of guideline compensation amounts. We created this table with the 16th edition Judicial College Guidelines (JCG). The JCG is a document that legal professionals can also use to aid them when valuing the general damages section of a claim.
However, these figures are a guide and are not guaranteed.
|Type of Injury
|Very Severe (a)
|£282,010 to £403,990
|There will be minimal to no evidence of a meaningful response to the environment in conjunction with the need for constant nursing care.
|£150,110 to £219,070
|Injuries that lead to a moderate to severe intellectual deficit as well as further symptoms, such as a personality change.
|Very Severe (c)
|£83,960 to £109,650
|The foot injury will cause severe and permanent pain or a very serious permanent disability.
|£74,160 to £88,430
|Cases that involve special features, for example nerve root damage with further associated problems, such as impaired mobility, loss of sensation and sexual difficulties.
|£54,830 to £87,890
|An injury that leads to permanent issues with mobility and the need for mobility aids for the remainder of the person’s life, such as crutches.
|Less Serious (c)(i)
|£17,960 to £27,760
|An injury, such as a fracture, from which the person makes an incomplete recovery, or a serious soft tissue injury.
|Very Severe (a)
|£50,060 to £69,700
|Injuries that are limited and unusual, such as a transmalleolar fracture of the ankle alongside extensive soft-tissue damage that results in deformity and the risk of future injuries to the leg possibly necessitating a below-knee amputation.
|£47,620 to £59,860
|An injury that leads to the loss of functionality in the wrist, for instance, where an arthrodesis has taken place.
|£45,470 to £55,990
|An injury resulting in fractures or dislocations. Alternatively, it could result in ruptured tendons and/or severe soft tissue damage leading to chronic conditions and a permanent significant disability.
|Less Severe (c)
|£19,200 to £39,170
|Significant disabilities will have been present. Nevertheless, a substantial level of recovery is expected or has been made.
Secondly, you could also be awarded under special damages for any monetary losses incurred as a result of your injuries. For example, you may be unable to work due to your injuries. If this is the case, you could be reimbursed for your loss of earnings.
To strengthen your chances of making a successful claim following an accident caused by inadequate stair lighting, you should gather evidence to prove the extent of your injuries and the financial losses you suffered.
If you would like a personalised estimation of how much compensation you could be eligible to receive, please speak with an advisor from our team.
To make a personal injury claim, you must be able to prove that the party that owed you a duty of care:
- Breached this duty, and
- This led to you suffering harm
An advisor from our team can carry out an assessment of your case. If they discover that you may have an eligible claim, they could connect you with a personal injury solicitor from our panel.
A solicitor can offer you the possibility of working on your claim under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). If you enter into this type of agreement, you generally won’t have to pay for your solicitor’s services upfront or throughout the course of your claim.
If your case is won, your No Win No Fee solicitor can generally deduct a success fee from the compensation. It is important to know that this is a small, legally capped percentage that would be previously agreed upon between you and your solicitor.
As previously stated, our advisors can help you 24 hours a day, 7 days a week. To see if you have an eligible claim, please get in touch:
We have provided you with some more of our own guides relating to personal injury claims:
- Unsafe Work Area Claim – What Are Your Rights?
- Can You Claim Compensation For An Accident At A Theme Park?
Moreover, we have included further reading that may be of use to you:
Thank you for reading this guide to claiming following an accident caused by inadequate stair lighting.