Slip and Fall Settlement Calculator

Slip and fall cases — formally 'premises liability' — depend on proving the property owner knew or should have known about a dangerous condition and failed to fix it or warn visitors. Settlement value combines economic damages (medical + wages), pain & suffering multiplier, liability strength (notice), and comparative negligence (your share of fault).

The Three Liability Issues

(1) Dangerous condition existed: wet floor, broken stair, ice patch, debris, lighting failure. Document with photos immediately. (2) Notice: actual (defendant saw it) or constructive (existed long enough to be discovered with reasonable inspection). 'Banana peel on floor for 30 minutes' = constructive notice. (3) Failure to fix or warn: no cones, no closure, no maintenance.

Comparative Negligence

If you contributed to your fall (looking at phone, ignored warning sign), your recovery reduces by your percentage of fault. Pure comparative states (CA, NY, FL) — recovery reduces by your %. Modified comparative states (most others) — barred if you're 50% or 51% at fault. Pure contributory (AL, MD, NC, VA, DC) — barred at ANY fault. Critical to identify your state's rule early.

Documentation Checklist

Within 24 hours: photograph hazard, file incident report with property manager, identify witnesses, save shoes (in case of slippery sole defense), seek medical treatment (no medical bill = no economic damage), preserve clothing. Within 1 week: request video surveillance preservation (often deleted after 7-30 days), get business records of recent inspections.

Last updated May 2026. Sources: ABA Tort and Insurance, III Premises Liability.