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By J. Robb Cecil
Founding Partner
In Maryland, a property owner who lets lighting fail in a stairwell, hallway, or parking lot can be held liable when that darkness hides a hazard or enables a crime, as long as the owner knew or should have known about the danger and a reasonable owner would have foreseen the harm.

Can a burned-out light really be the reason you have a legal claim? Often, yes. A poorly lit parking garage or apartment stairwell can change a life in seconds. In the dark, a small hazard becomes a serious fall, and an isolated corner becomes an easy target for crime. Maryland law expects property owners to keep their spaces reasonably safe, and lighting is part of that responsibility. When an owner lets the lights fail and someone gets hurt, that failure can support a premises liability claim. A Maryland premises liability attorney can help you hold a careless owner accountable.

Where Poor Lighting Causes the Most Injuries

Inadequate lighting is dangerous because it hides the things that hurt people. A cracked sidewalk, a wet floor, a single uneven step, or a curb you cannot see can all cause a serious fall when the light is too dim to reveal them. These conditions are a common thread in slip and fall accidents across Maryland.

Some places see these injuries again and again. Parking lots and garages combine uneven pavement, wheel stops, and moving cars with lighting that owners often neglect. Interior and exterior stairwells are especially risky, because one missed step in the dark can lead to a fall down an entire flight. Apartment complexes, with their shared walkways, entryways, and laundry areas, put residents and guests at risk every night the lights stay off.

The same darkness that hides a tripping hazard also creates cover for crime, which is why poor lighting shows up in both fall cases and assault cases.

What a Property Owner’s Duty of Care Actually Requires

Property owners in Maryland must use ordinary care to keep their premises reasonably safe for people who are lawfully there. An owner is not an insurer of your safety, so the owner is not automatically responsible for every injury. The owner is responsible for dangers it knew about or, with reasonable care, should have discovered.

How much protection you are owed depends in part on why you were on the property. People invited for a business reason, such as customers and tenants, are generally owed the highest level of care. Keeping lights working in places people are expected to walk is a basic part of that obligation. When an owner lets lighting fail in a stairwell, a hallway, or a lot, and that failure leaves a known hazard hidden, the owner may have breached the duty of care it owed you.

When Darkness Leads to a Crime, Not Just a Fall

Poor lighting does not only cause falls. It can also make a property a target for crime, and that raises a separate kind of responsibility. Research reviewed by the U.S. Department of Justice found that improved street lighting was linked to lower crime, with one review of thirteen studies reporting a twenty-one percent drop in overall crime where lighting was upgraded. That review found the clearest benefit for property crime.

Maryland law recognizes this connection. When a property owner knows or should know about criminal activity on the premises, the owner can have a duty to take reasonable security measures to address the conditions that allow it. If an owner provides lighting as a security measure, the owner has a duty to keep that lighting working. Whether the owner can be held responsible for a third party’s crime usually turns on foreseeability, meaning whether a reasonable owner who knew what this owner knew should have seen the risk.

What You Have to Prove in a Poor-Lighting Injury Claim

Winning a premises liability case takes more than showing that you were hurt in a dark place. You generally have to prove four things: 

  • That the owner owed you a duty of care;
  • That the owner breached that duty;
  • That the breach caused your injury; and 
  • That you suffered real harm as a result.

The breach element is where lighting cases are often won or lost. You usually have to show that the owner knew about the dangerous condition, or that it existed long enough that a reasonable owner should have found and fixed it, and then failed to act within a reasonable time. Evidence makes the difference. Photos of the dark area, maintenance and repair records, prior complaints about the lighting, and any history of falls or crime on the property can all show that the owner should have acted sooner.

How Maryland’s Fault Rule and Deadlines Affect Your Case

Maryland uses one of the strictest fault rules in the country. The state follows contributory negligence, which means that if you are found even partly at fault for your own injury, you can be barred from recovering anything. An insurance company defending a poor-lighting claim will often argue that you should have watched your step or stayed out of the area, so how your case is presented matters a great deal.

Timing matters too. Maryland law gives most injury victims three years to file a lawsuit from the date the claim arises. Some claims, including those involving government property, can carry shorter deadlines. Once the time limit passes, the right to sue is usually gone, no matter how strong the claim once was.

Put McGowan & Cecil, LLC on Your Side

If poor lighting led to your fall or left you exposed to harm in Maryland, you do not have to sort it out alone. At McGowan & Cecil, LLC, our Laurel team brings more than 120 years of combined experience and real, human legal support to every case across the Baltimore-Washington area. We investigate the property, gather the evidence, and deal with the insurer while you focus on healing. Contact McGowan & Cecil today for a free consultation.

About the Author

J. Robb Cecil is a founding partner of McGowan & Cecil, LLC, and has been representing injury victims in Maryland for decades. With extensive experience in personal injury, workers’ compensation, and civil litigation, he is known for his strategic approach and dedication to achieving results for his clients. Mr. Cecil takes pride in delivering personalized legal representation and helping clients navigate some of the most difficult times in their lives.