Premise Trip-and-Fall Injury Calculator
Trip and fall (premise liability) claims average $15-50K for minor injuries, $50-200K for moderate, $200K-$1M+ for severe. Key factors: defect documentation (photos, witness statements, incident report), property owner's prior notice, plaintiff's awareness of hazard. Most slip cases settle pre-litigation due to clear-cut liability for unattended hazards.
Notice Is the Threshold Element
To win a trip-and-fall claim, plaintiff must prove the property owner knew or should have known of the hazard AND failed to address it in reasonable time. Direct notice (employee reported, inspection found): strongest. Constructive notice (hazard existed long enough that owner should have discovered with reasonable inspection): moderate. No notice (instantaneous hazard): weakest — often defeats claim entirely.
Documentation Determines Value
Three critical documents: (1) Photos of hazard at moment of incident (most cases lose because hazard was cleaned before photos). (2) Store incident report (preserves owner admission). (3) Witness contact info (independent corroboration). Settlement values 2-3x higher with all three vs none. Most attorneys instruct clients: stay at scene 15 extra minutes to document, even if injured.
Property Type Multipliers
Retail (Walmart, Kroger, Costco): highest settlement multipliers due to deep pockets and risk-averse insurers. Restaurants: moderate — well-documented industry. Apartment buildings: moderate-low — landlord defenses common. Private residences: low — homeowner insurance caps. Public sidewalks: variable — government immunity in many jurisdictions. Choose case strength accordingly.
Source: Restatement (Second) of Torts §§ 343, 343A (premise liability), American Bar Association Tort Liability Reference 2024. Last updated: May 2026.