I'm fairly sure (obviously only with the same limited facts as yourself) that Elf'n'Safety will have nothing to do with this claim. Otherwise, the Tech would be sueing EMAS for not providing a safe working practice. Perhaps under H&S law you should be provided with a torch permanently attached to your uniform and always on to deal with such eventualities? No, I didn't think so.... What it must be is a claim under the "Occupiers Liability Acts". Nice bit of legislation - means that your land has to be safe for anyone that comes onto your property. Nothing wrong with that. But... It means *anyone* that comes onto your property. Including, under the second of two acts, trespassers. Yes, you owe a duty of care to anyone that burgles your house. Who knows, if the couple has the most uneven drive in Western Europe - there probably is a case that they should have been aware of this and provided permanent lighting to their 'lawful visitors'. I wouldn't have any qualms about making such a case myself. And "GuestBlogger" is right - insurers will probably pay out any damages, so the direct consequence the Boardmans will be limited. All of that said, I agree, why can't people look where they're going instead of needing to sue people for falling over their own feet?