Is inadequate lighting enough to demonstrate negligence?

Our NC Court of Appeals recently heard the case of Cone v. Watson (COA12-670)argued by two of the stars of the Eastern NC Bar where the issue was whether a fall down inadequately lit stairs was enough to demonstrate negligence. The Court found that failure to illuminate stairs where one would leave a business after dark is enough for the jury to determine if the defendant was negligent. The Court found: North Carolina landowners . . . are required to exercise reasonable care to provide for the safety of all lawful visitors on their property. Whether a landowner’s care is reasonable is judged against the conduct of a reasonably prudent person under the circumstances. There is no duty to protect a lawful visitor from dangers which are either known to him or so obvious and apparent that they may reasonably be expected to be discovered. Kelly v. Regency Centers Corp., 203 N.C. App. 339, 343, 691 S.E.2d 92, 95 (2010). Our Supreme Court has said that “[i]f [a] step is properly constructed, but poorly lighted, and by reason of this fact one entering the store sustains an injury, recovery may be had.” Garner v. Atlantic Greyhound Corp., 250 N.C. 151, 159, 108 S.E.2d 461, 467 (1959). (A) defendant breaches her duty to a lawful visitor if she fails to provide adequate lighting such that a reasonably prudent person would be likely to expect or see the step. See York, 264 N.C. at 455, 141 S.E.2d at 868-69. Therefore, our Court has found that failure of a business to properly light the entrance and exit of a business may be enough to show negligence on the part of the business owner. For more discussion about negligence, visit our website.