Slip and Fall Settlement Calculator
Slip-and-fall premises liability settlements average $20K-$80K for moderate injuries and $100K+ for serious fractures or surgeries. Property type (retail vs residential), comparative negligence rules, and treatment duration drive the final number.
How Premises Liability Works
Property owners owe different duties to invitees (customers, highest duty), licensees (social guests, medium duty), and trespassers (lowest duty). Most slip-and-fall claims are invitee cases — owners must inspect for hazards and remedy or warn within reasonable time.
Comparative Negligence Rules By State
Pure comparative (CA, NY, FL, etc): you recover damages reduced by your % fault even if 99% at fault. Modified 51% (most states): no recovery if you exceed 50% fault. Contributory negligence (AL, MD, NC, VA, DC): any fault bars recovery — these states are settlement-hostile.
Evidence That Drives Settlement Value
Surveillance video of the fall (most retail premises preserve 30-90 days — request preservation letter immediately), prior incident reports at the same location, employee witness statements, and weather/condition records. The first 30 days are critical for evidence preservation.
Source: Restatement (Third) of Torts §§51-52; state comparative negligence statutes. Last updated: May 2026.