Premises Liability Settlement Calculator
Estimate a premises-liability settlement (slip-and-fall, trip-and-fall, store/grocery injury, hotel injury, negligent security, swimming-pool drowning). Combines medical bills, lost wages, severity multiplier, and a status adjustment based on whether you were an invitee, licensee, or trespasser at the time of injury.
Premises Liability Basics — Duty by Visitor Status
Property owners owe different duties based on visitor status. Invitee (customer in store, hotel guest): owner owes affirmative duty to inspect, fix, and warn of known and discoverable hazards. Licensee (social guest): owner owes duty to warn of known dangers and not willfully injure. Trespasser: owner owes only duty to avoid willful/wanton injury (with exceptions for attractive nuisance, children). Many states have abolished the strict tripartite system in favor of a reasonable-care standard regardless of status, but visitor status still affects damages.
Common Premises Liability Cases
Slip and fall on wet floors (grocery store, restaurant) — strongest cases have documented spill + no warning sign + employee knowledge. Trip and fall on uneven pavement, broken stairs, raised mats — strongest with prior complaints or violation of building code. Negligent security (apartment, hotel, parking lot) — assault or robbery where prior similar incidents on the property put owner on notice. Swimming pool drownings — failure to fence, supervise, or warn. Falling-object cases in stores. Elevator/escalator entrapment. Dog bites (covered separately).
Notice and Constructive Knowledge
Plaintiff must prove the owner knew or should have known of the hazard. Direct notice: employee saw the spill, prior complaint logged. Constructive notice: the hazard existed long enough that a reasonable owner would have discovered it (security camera footage showing the spill for 30+ minutes; sticky/dirty edges showing age). Without notice evidence the case is weak. Owners can also be liable for hazards they created themselves (employee mopped without sign).
Comparative Fault and Damage Caps
Comparative fault is the main premises-liability defense: 'You should have seen the wet floor.' Pure comparative (CA, NY, FL) reduces award by plaintiff's %. Modified 51% (most states) bars recovery if you were 51%+ at fault. Contributory (AL, MD, NC, VA, DC) bars at 1%+ fault. Premises cases against governmental entities (city sidewalk, public school) have notice-of-claim rules — typically 6 months to give written notice. Sovereign immunity may cap damages. Recreational-use statutes can immunize landowners who allow public use of land for free.
Sources: Restatement (Second) of Torts §343 (Invitees), §342 (Licensees); state premises-liability statutes; AAJ Premises Liability Section. Last updated: May 2026. Not legal advice.
Frequently Asked Questions
How much is the average slip and fall settlement?
Minor injury with full recovery: $10K-$30K. Fractures requiring surgery: $40K-$150K. Serious long-term injury (TBI from fall, hip replacement): $200K-$1M+. Permanent disability with clear notice evidence: $500K-$5M+. Cases with weak notice or high plaintiff fault settle much lower.
What is the most important evidence for a slip and fall?
Photos of the hazard, the warning sign (or lack thereof), and the surrounding area at time of fall. Incident report filed with the store. Witnesses' contact information. Security camera footage (preserve quickly — most stores erase in 30-90 days). Medical records starting same-day or next-day. Footwear preserved as evidence.
Can I sue if I was partially at fault?
Yes in most states — your award is reduced by your fault percentage. Pure comparative (CA, NY, FL): reduced. Modified 51% (most states): no recovery if you're 51%+ at fault. Pure contributory (AL, MD, NC, VA, DC): no recovery if you're 1%+ at fault. Distracted-walking and obvious-hazard defenses are common.
What is the statute of limitations?
Most states: 2-3 years from date of injury. CA = 2, NY = 3, TX = 2, FL = 2. Governmental landowner (city sidewalk, public school): notice of claim within 6-12 months, plus shortened SOL. Don't wait — preserve security footage immediately by sending a litigation-hold letter.
Is the settlement taxable?
Compensation for physical injury (medical, pain & suffering tied to physical injury): non-taxable under IRC §104(a)(2). Lost wages: taxable. Punitive damages: taxable. Interest on delayed payment: taxable. IRS Publication 4345 covers settlement taxation.