A slip and fall claim needs proof of the injury and proof of what the owner knew about the hazard. Ask for the store's video within days, including the hours before you fell. The earlier footage helps show how long a spill was on the floor and which workers passed it.
How much is a slip and fall settlement?
Slip and fall settlement values span $5,000 to $5,000,000+ across the injuries below. A broken wrist is $30,000 to $100,000 without surgery and $100,000 to $250,000+ with surgery.
Falling does not by itself prove the owner was negligent, as the Arizona Supreme Court explains. Store video can be erased within weeks, so request the hours before your fall while the recording still exists.
Slip and fall facts
Last updated
- Settlement values
- Slip and fall settlement values span $5,000 to $5,000,000+ by injury.
- Wrist treatment
- Broken wrist settlements span $30,000-$100,000 without surgery and $100,000-$250,000+ with surgery.
- Trial wins
- Injured people won 38.4% of premises liability trials in the federal survey.
- Proof required
- In Arizona, a slip and fall by itself does not prove negligence.
- Video records
- Court records describe video lasting from one or two weeks to six months.
- Federal claims
- Federal slip and fall claims must reach the agency within two years.
Sources: the injury guides below; the Bureau of Justice Statistics trial survey; the Arizona Supreme Court's 2025 ruling; the court records cited in the video section; and the federal claim deadline. Enter your fall and injury details in the free AI calculator with attorney review.
How much are slip and fall settlements with and without surgery?
The settlement range for a torn knee meniscus is $15,000 to $50,000 without surgery and $50,000 to $125,000 with arthroscopic surgery. Find your injury in the table to compare treatment with and without surgery.
| Injury | Without surgery | With surgery |
|---|---|---|
| Minor sprain | $5,000 - $15,000 | Not listed |
| Moderate strain | $15,000 - $35,000 | Not listed |
| Broken bone | $15,000 - $75,000; closed fracture in a cast | $100,000 - $350,000+ |
| Broken wrist | $30,000 - $100,000 | $100,000 - $250,000+ |
| Broken ankle | $25,000 - $75,000; one bone | $100,000 - $350,000+; two or three bones |
| Torn knee meniscus | $15,000 - $50,000 | $50,000 - $125,000; arthroscopic surgery |
| Knee replacement | Not applicable | $150,000 - $400,000+ |
| Torn shoulder rotator cuff | $25,000 - $75,000 | $75,000 - $200,000 |
| Herniated disc | $30,000 - $100,000 | $100,000 - $350,000+ |
| Hip fracture | $50,000 - $125,000; stable fracture that can heal without surgery | $100,000 - $300,000; displaced fracture |
| Hip replacement or shattered hip socket | Not listed | $250,000 - $1,000,000+ |
| Concussion; symptoms end in two to six weeks | $20,000 - $50,000 | Not listed |
The traumatic brain injury ranges are listed by severity, without a division by surgery.
| Brain injury | Settlement range |
|---|---|
| Moderate traumatic brain injury | $100,000 - $500,000 |
| Severe traumatic brain injury | $500,000 - $5,000,000+ |
Source: national ranges by injury from the injury guides linked in these tables, current as of October 30, 2026.
Grocery store falls and trip and fall claims use these same ranges. The injury, treatment, proof of what the owner knew, and your share of fault set the range.
For related questions, read about pain and suffering compensation and what remains after settlement fees and costs.
How hard is it to win a slip and fall case?
Injured people won 38.4% of premises liability trials in the Bureau of Justice Statistics survey of state-court trials from 2005. These are trials, not settlements.
The bureau studied state courts of general jurisdiction. Its premises liability category covers injury or death from hazards on residential or commercial property. Published in November 2009, the report is the latest survey of its kind.
| Bureau of Justice Statistics trial results | Premises liability | Automobile accidents |
|---|---|---|
| Injured people who won at trial | 38.4%; 1,827 trials | 64.3%; 8,844 trials |
| Final trial award: half of winners with an award received more, half less; 2005 dollars | $98,000; 666 winners | $15,000; 5,965 winners |
| Trial winners whose awards were reduced for their negligence | 41.1%; 711 winners | 14.6% |
| Time from lawsuit filing to trial verdict or judgment: half took longer, half less | 24.5 months; 1,862 trials | 20.1 months |
For premises trial winners whose awards were cut, the Bureau of Justice Statistics says the reduction averaged "about 51%". For the process outside this trial table, see how long settlements take.
Sources: Bureau of Justice Statistics, Tort Bench and Jury Trials in State Courts, 2005
What do you have to prove in a slip and fall case?
Texas, Illinois, and Arizona recognize three ways to prove what the owner knew: the owner or workers caused the hazard, the owner knew it was there, or it remained long enough that the owner should have found it. The law calls knowledge of the hazard "notice"; "constructive notice" means the owner should have found it.
A hazard is the spill, defect, or object that made the property unsafe. Courts also call it a "dangerous condition." The Arizona Supreme Court explained in a 2025 case involving a customer who tripped over a case of water that the fall by itself does not prove negligence.
| State | How to prove the owner knew | A hazard that was easy to see |
|---|---|---|
Texas | Show that the business put the substance there, knew it was there, or had a reasonable opportunity to find it because of how long it remained. | The Texas Supreme Court says that in most cases the owner has no duty to protect a customer from a known or obvious hazard. Exceptions concern foreseeable third-party crime and necessary use of an area when the person cannot reduce the risk. |
California | Show that the owner knew or should have known in time to fix the hazard. A failure to inspect within a reasonable time lets a jury infer that the hazard lasted long enough. | An obvious hazard warns the visitor, but the owner still faces responsibility when harm is foreseeable, including when the visitor has a practical need to encounter it. The California Supreme Court discussed this in 2005 in a case that was not a store fall. |
Florida | For a temporary substance such as a spill in a business, prove actual knowledge or show that it lasted long enough to be found, or happened regularly enough to be foreseeable. | An obvious hazard can remove the duty to warn, but does not remove the duty to keep the property reasonably safe. |
Georgia | Show that the owner knew or should have known, and that you lacked knowledge despite ordinary care. Your proof of your own care comes up after the owner presents evidence that you were negligent. | An open and obvious fixed hazard ends the claim. Whether an uneven walkway was obvious went to a jury in an October 30, 2026 appeals ruling described below. |
Nevada | If someone else caused the hazard, show that the business knew or should have known and failed to fix it. Foreseeability can prove what it should have known. | An obvious hazard does not automatically end the owner's responsibility; it affects reasonable care and shared fault. The Nevada Supreme Court's 2012 ruling concerned a customer who tripped over a pallet at Costco. |
Illinois | Show the business negligently put the substance there. If someone else did, or its origin is unknown, show knowledge or enough time for discovery with ordinary care. | Illinois Supreme Court decisions describe a general rule of no duty, with exceptions for an expected distraction or an expected decision to face the hazard anyway. |
Arizona | Show that the owner created the hazard, knew about it, or should have discovered and fixed it before the fall. | Visibility affects whether the store was careless, rather than whether it owed a duty. A jury usually decides carelessness, but a court can decide when the record supports it. |
Washington | Show knowledge or enough time to discover the hazard, or show that the nature and operation of the business made unsafe conditions reasonably foreseeable. The hazard must still be unreasonably dangerous. | An owner is responsible for an obvious danger when the owner should have anticipated the harm. The Washington Supreme Court's 2002 ruling was not a store-fall case. |
New York | To prove the owner should have known, show that the defect was visible and apparent for enough time for workers to find and fix it. | An owner has no duty to warn of an open and obvious danger. |
Self-service stores
- Texas: A greater likelihood of spills does not remove the need for proof. In 2024, the Texas Supreme Court said an older exception survives, if at all, where a known policy or practice routinely created an unreasonable risk.
- California: Self-service groceries can require more frequent inspections. The California Court of Appeal refused to remove the need to prove knowledge because of how a store operates.
- Florida: The statute requires knowledge; regular occurrence is one way to prove it.
- Nevada: The October 15, 2026 Nevada Supreme Court ruling allows foreseeable-risk proof against any business. The injured person must also prove that the business failed to respond reasonably to that risk.
- Arizona: A limited exception removes proof of notice when the business could reasonably anticipate hazards regularly arising. A store that used reasonable care still wins.
- Washington: Since the Washington Supreme Court's 2021 ruling, foreseeable-risk proof is available beyond self-service businesses.
Sources: Wal-Mart Stores v. Reece, Texas Supreme Court, 2002; Albertsons v. Mohammadi, Texas Supreme Court, April 5, 2024; Austin v. Kroger Texas, Texas Supreme Court, 2015; Ortega v. Kmart, California Supreme Court, 2001; Moore v. Wal-Mart, California Court of Appeal, 2003; Kinsman v. Unocal, California Supreme Court, 2005; Florida Statutes 768.0755; Dampier v. Morgan Tire & Auto, Florida 5th District Court of Appeal, 2012; Robinson v. Kroger, Georgia Supreme Court, 1997; HFE Valdosta v. Johnson, Georgia Court of Appeals, No. A26A1309, October 30, 2026; Sprague v. Lucky Stores, Nevada Supreme Court, 1993; Moore v. The Primadonna Company, Nevada Supreme Court, filed October 15, 2026; Foster v. Costco, Nevada Supreme Court, 2012; Olinger v. Great Atlantic & Pacific Tea, Illinois Supreme Court, 1961; Bruns v. City of Centralia, Illinois Supreme Court, 2014; Ward v. K mart, Illinois Supreme Court, 1990; Perez v. Circle K, Arizona Supreme Court, March 12, 2025; Chiara v. Fry's Food Stores, Arizona Supreme Court, 1987; Johnson v. Liquor & Cannabis Board, Washington Supreme Court, May 13, 2021; Kamla v. Space Needle, Washington Supreme Court, 2002; Gordon v. American Museum of Natural History, New York Court of Appeals, 1986; Tagle v. Jakob, New York Court of Appeals, 2001
How long was the hazard there?
Texas requires evidence of how long a hazard existed when the claim rests on what the owner should have discovered. In an April 10, 2026 grocery aisle puddle case, the Texas Supreme Court said earlier roof leaks elsewhere, puddle size, cart tracks, footprints, or dirt did not supply that proof by themselves. The court also described footage of workers repeatedly passing a large grease spill during the five minutes before a fall as some evidence that the store should have known. A nearby worker without evidence of time is not enough, as the court explained in its 2002 store-fall ruling.
California makes the inspection records important. In a published November 21, 2024 ruling about a woman who slipped on oranges in a shopping center walkway, the California Court of Appeal accepted electronic tracking data and a worker's route as proof of an inspection eight to nine minutes before the fall. The owners won without video or testimony from that worker. The court rejected a fixed number of minutes, so ask for the sweep records and tracking data along with the video.
Florida's Third District Court of Appeal said in 2024 that water by itself does not prove how long the spill lasted, but footprints, earlier tracks, drying, or changes in the liquid help. In February 2026, the First District Court of Appeal allowed a jury to consider a banana peel that had been on a Walmart floor for almost eight minutes with employees nearby; the evidence included video and photographs. Footprints and tracks help in Florida, while Texas says they do not suffice by themselves.
Florida's Fourth District Court of Appeal ordered a new trial in 2021 after a $512,000 total verdict because the jury had been allowed to find the business responsible without finding that it knew or should have known about the temporary substance. Florida's spill statute has applied since July 1, 2010; its phrase "transitory foreign substance" describes something temporary on the floor, not a broken step or loose tile.
Georgia does not require a visitor to watch every footstep. The Georgia Supreme Court explained that point in its 1997 grocery-fall ruling. The same court applied the two-part proof requirement to trip and fall claims in 2009.
Nevada's October 15, 2026 ruling concerned a truck driver who slipped on liquid at a self-service fueling station. All seven justices declined a special self-service approach, while allowing proof that a foreseeable risk was not reasonably addressed. The court returned the case for further proceedings; the driver has not won.
An Illinois store case illustrates why minutes are not a universal rule: the federal Seventh Circuit Court of Appeals found ten minutes insufficient on the facts of a 2008 Kohl's case. In Arizona, the state Supreme Court called the duration of a substance on the floor the most important question in proving what the owner should have known in a 1981 case. Washington's 2021 ruling involved rain tracked into a store; a wet floor by itself did not establish an unreasonably dangerous hazard.
Sources: H-E-B v. Peterson, Texas Supreme Court, April 10, 2026; Wal-Mart Stores v. Reece, Texas Supreme Court, 2002; Gonzalez v. Interstate Cleaning, California Court of Appeal, certified for publication November 21, 2024; Ortega v. Kmart, California Supreme Court, 2001; Valdes v. Verona at Deering Bay, Florida 3rd District Court of Appeal, June 19, 2024; Ouedraogo v. Walmart Stores East, Florida 1st District Court of Appeal, February 18, 2026; North Lauderdale Supermarket v. Puentes, Florida 4th District Court of Appeal, December 22, 2021; Florida Statutes 768.0755; Robinson v. Kroger, Georgia Supreme Court, 1997; American Multi-Cinema v. Brown, Georgia Supreme Court, 2009; Moore v. The Primadonna Company, Nevada Supreme Court, filed October 15, 2026; Reid v. Kohl's, 7th Circuit, 2008; Preuss v. Sambo's, Arizona Supreme Court, 1981; Johnson v. Liquor & Cannabis Board, Washington Supreme Court, May 13, 2021; Kinsman v. Unocal, California Supreme Court, 2005; Kamla v. Space Needle, Washington Supreme Court, 2002; Foster v. Costco, Nevada Supreme Court, 2012
Why you were on the property
A customer is called an invitee; a social guest is a licensee in some states, and a trespasser enters without permission. Texas keeps those categories and requires a licensee to prove actual knowledge. California says the category does not decide the duty. Florida treats invited guests like customers. Georgia keeps the categories by statute and allows a licensee to recover for willful or wanton injury. Nevada dropped the categories. Illinois ended the difference between invitees and licensees by statute. Arizona and Washington keep them, while New York dropped them.
Sources: Albertsons v. Mohammadi, Texas Supreme Court, April 5, 2024; Rowland v. Christian, California Supreme Court, 1968; Wood v. Camp, Florida Supreme Court, 1973; Cham v. ECI Management, Georgia Supreme Court, 2021; Moody v. Manny's Auto Repair, Nevada Supreme Court, 1994; Illinois Pattern Jury Instructions, Civil, section 120; Perez v. Circle K, Arizona Supreme Court, March 12, 2025; Tincani v. Inland Empire Zoological Society, Washington Supreme Court, 1994; Basso v. Miller, New York Court of Appeals, 1976
State slip and fall guides
Why does store video matter to your slip and fall claim?
Store video lasted from one or two weeks to six months in the court records cited here. The Texas Supreme Court said the grocery store's cameras kept about 30 days of video, but the clip saved after the fall ran about eight minutes.
The video is often the only record of how long the hazard was on the floor. That time is part of the proof that the owner should have found it, as the state rules in the proof section explain.
- Tell the store about the fall and your injury before you leave.
- Within days, send a written request with the date, exact spot, and time checked against your phone or receipt.
- Ask the store to keep every camera view of that spot for the hours before and after your fall. Ask for a copy of the video too.
- Send the request to the store and its corporate office by a method that proves delivery. Save your copy.
You can send the request yourself; the Illinois Supreme Court recognizes a request from the injured person. State rules differ on when a store must keep video, and lost video does not automatically win your claim. Read how long stores keep security footage, the state rules, and what happens when video is lost.
Sources: Becker v. Artisanal Brewers Collective, California Court of Appeal, September 1, 2026, unpublished; New Albertsons v. Superior Court, California Court of Appeal, December 10, 2008; Brookshire Brothers v. Aldridge, Texas Supreme Court, July 3, 2014; Martin v. Keeley & Sons, Illinois Supreme Court, 2012
Who pays for a slip and fall?
A business injury claim goes to the business and its liability insurer. More than one company can be involved: the truck driver in Nevada's 2026 fueling-station case sued the janitorial company as well as the business. When you present the claim to the insurer, the personal injury demand letter guide covers that letter.
Georgia limits medical damages to the reasonable value of medically necessary care, and for an insured person the evidence includes both billed charges and the amounts actually needed to satisfy them.
At a home or apartment, ask about medical payments coverage separately from liability coverage. The Texas Department of Insurance says medical payments coverage pays the bills of people hurt on the property. The California Department of Insurance describes payment of reasonable expenses for accidental injuries on the property, excludes business activities, and says the coverage does not replace health insurance.
The Washington Office of the Insurance Commissioner says most home policies include at least $1,000 in medical payments coverage and higher limits are available.
A fall on the job can be a workers' compensation claim; the workers' compensation settlement guide covers that situation.
Sources: Moore v. The Primadonna Company, Nevada Supreme Court, filed October 15, 2026; Georgia Code section 51-12-1.1, 2025 code; Texas Department of Insurance, homeowners insurance guide; California Department of Insurance, Residential Insurance guide; Washington Office of the Insurance Commissioner, how home insurance works
What is the deadline for a slip and fall on government property?
Government notice deadlines can arrive before the deadline to sue: Texas requires notice within six months, with separate city-charter periods; California generally requires a claim within six months of injury; Florida requires a written claim within three years; and Georgia cities require notice within six months. Find the responsible government and its deadline before waiting for video or an insurer's answer.
| State | Notice or claim deadline | Deadline to sue |
|---|---|---|
Texas | Notice within six months of the incident. A city charter can set its own period, so do not rely on six months for a city. Actual government notice removes the formal-notice requirement. | Two years under the general injury filing deadline. |
California | Generally six months from injury to present the claim, according to California Courts. The agency acts within 45 days after presentation. | Six months from personal delivery or mailing of a written rejection. Without written notice, two years from when the claim arose. |
Florida | Written claim within three years. | Four years under the government-claim statute. |
Georgia | City: six months. County: 12 months. State: 12 months after the loss was or should have been discovered. | State: two years after the loss was or should have been discovered. City and county: two years. |
Nevada | A claim filed with the government within two years is not a prerequisite to suit. | Two years. |
Illinois | State: Court of Claims notice within one year unless the claim itself is filed within one year. | Local government: one year. State: file in the Court of Claims within two years. |
Arizona | Claim within 180 days, stating a specific settlement amount. A late claim is barred. | One year. |
Washington | Submit the claim form within the time allowed to sue, then wait 60 days before suing. | Three years. |
New York | Local government: notice within 90 days. State Court of Claims: claim or notice of intention within 90 days. | Local government: one year and 90 days. State: two years to file when a notice of intention was served. |
Sources: Texas Civil Practice and Remedies Code chapter 101; Texas Civil Practice and Remedies Code chapter 16; California Government Code section 911.2; California Courts self-help guide, government claims; California Government Code section 912.4; California Government Code section 945.6; Florida Statutes 768.28; Georgia Code section 36-33-5; Georgia Code section 36-11-1; Georgia Code section 50-21-26, 2025 code; Georgia Code section 50-21-27; Georgia Code section 9-3-33; Nevada Revised Statutes chapter 41; Illinois Tort Immunity Act; Illinois Court of Claims Act; Arizona Revised Statutes 12-821.01; Arizona Revised Statutes 12-821; Revised Code of Washington 4.92.100; Revised Code of Washington 4.96.020; Revised Code of Washington 4.16.080; New York General Municipal Law 50-e; New York General Municipal Law 50-i; New York Court of Claims Act 10
Government limits and duties
Texas limits injury damages against the state and cities to $250,000 per person and $500,000 per occurrence; other local governments have limits of $100,000 and $300,000. A Texas government owner owes the duty owed to a social guest unless the injured person paid to use the property.
Florida's government limits are $200,000 per person and $300,000 per incident. Georgia's state limits are $1 million for a person's loss from one occurrence and $3 million total per occurrence, also listed in the state policy dated July 1, 2026. Nevada's limit is $200,000 for claims arising on or after July 1, 2022. Illinois sets a $2,000,000 state limit.
Sources: Texas Civil Practice and Remedies Code chapter 101; Florida Statutes 768.28; Georgia Code section 50-21-29, 2025 code; Georgia Department of Administrative Services, State Tort Claims Policy, July 1, 2026; Nevada Revised Statutes chapter 41; Illinois Court of Claims Act
Federal property
The federal agency must receive your written claim within two years; mailing it within that period is not enough. Use Standard Form 95 or another written notice that states a specific dollar amount. The form says omitting that amount makes the claim invalid. If the agency does not decide within six months, you can treat the silence as a denial; after a denial is mailed, sue within six months. Lawyer fees on federal claims are limited to 20% of an agency settlement and 25% of a judgment or settlement in a lawsuit.
Sources: 28 U.S.C. 2401; Standard Form 95; 28 C.F.R. 14.2; 28 U.S.C. 2675; 28 U.S.C. 2678
How does your own fault change a slip and fall settlement?
Your share of fault reduces compensation or ends the claim, depending on the state. Texas and Florida end the claim above 50% fault; Georgia ends it at 50% or more. The filing deadline, also called the statute of limitations, is the time allowed to start your lawsuit.
| State | When your own fault ends the claim | Deadline to sue a private owner |
|---|---|---|
Texas | More than 50%. | Two years. |
California | Your fault reduces the award without ending the claim. | Two years. |
Florida | More than 50%. | Two years for claims arising after March 24, 2023; the earlier period was four years. |
Georgia | 50% or more. | Two years. |
Nevada | Your negligence exceeds that of the parties you sue. | Two years. |
Illinois | More than 50%. | Two years. |
Arizona | Your fault reduces the award without ending the claim. | Two years. |
Washington | Your fault reduces the award without ending the claim. | Three years. |
New York | Your fault reduces the award without ending the claim. | Three years. |
The Bureau of Justice Statistics found that 41.1% of premises liability trial winners had their awards reduced for their negligence, with an average reduction of "about 51%" in those trials. An insurer can argue over your phone use, shoes, or whether you were looking; keep the photographs and witness accounts that address what happened.
Read the state comparison of shared fault rules and the state filing deadline guide for those topics.
Sources: Texas Civil Practice and Remedies Code chapter 33; Texas Civil Practice and Remedies Code chapter 16; B.B. v. County of Los Angeles, California Supreme Court, 2020; California Code of Civil Procedure section 335.1; California Courts self-help guide, statute of limitations; Florida Statutes 768.81; Florida Statutes 95.11; Laws of Florida, chapter 2023-15; Georgia Supreme Court, 2021, shared fault; Doe v. Saint Joseph's Catholic Church, Georgia Supreme Court, 2022; Nevada Revised Statutes chapter 41; Nevada Revised Statutes chapter 11; Illinois Code of Civil Procedure; Arizona Revised Statutes 12-2505; Arizona Revised Statutes 12-542; Revised Code of Washington 4.22.005; Revised Code of Washington 4.16.080; New York Civil Practice Law and Rules 1411; New York Civil Practice Law and Rules 214; Bureau of Justice Statistics, Tort Bench and Jury Trials in State Courts, 2005
Is a trip and fall different from a slip and fall?
Trip and fall claims use the same basic proof in Georgia, Nevada, and Arizona. A fixed defect moves the argument toward whether the defect was dangerous at all and whether it was easy to see.
Texas's Supreme Court ruled in 2022 that a 3/4-inch parking-lot divot was not unreasonably dangerous as a matter of law. In a 2024 case involving a customer's foot on a wooden pallet, the same court said common or innocuous hazards are not unreasonably dangerous as a matter of law.
California's Court of Appeal says owners are not liable for minor, trivial, or insignificant defects, but a tape measure by itself does not decide that question. The court's 2022 ruling concerned a private homeowner. Florida's temporary-substance statute does not describe a fixed defect such as a broken step.
What an uneven walkway looked like to the visitor
Georgia's Court of Appeals ruled two to one on October 30, 2026 that a theme-park visitor's uneven-walkway claim could go to a jury. A fixed hazard stays in place and injures someone who fails to see it and walks into it; an open and obvious fixed hazard bars a customer or other invited visitor's claim under the rule the court applied.
The woman was walking at Wild Adventures when her foot went off an uneven concrete edge, twisted, and broke. She had not walked that section before and did not see the uneven spot until after falling. The court found the downward slope unclear in photographs taken while the park was closed, while her fall happened with visitors walking on both sides of her.
The Georgia opinion contrasted a 2023 amusement-park case where yellow paint made an uneven spot obvious. The October 30, 2026 ruling lets this woman's case continue; she has not won. One judge dissented, saying the ruling would make owners insurers of visitors' safety. The ruling is new and remains subject to a request for reconsideration.
New York's Court of Appeals rejects a minimum-size test and considers all the circumstances, not size by itself. Measure and photograph the defect soon after falling, using a ruler or coin for scale. Take photographs from your direction of travel and record how crowded the area was.
Sources: American Multi-Cinema v. Brown, Georgia Supreme Court, 2009; Foster v. Costco, Nevada Supreme Court, 2012; Perez v. Circle K, Arizona Supreme Court, March 12, 2025; United Supermarkets v. McIntire, Texas Supreme Court, June 17, 2022; Pay and Save v. Canales, Texas Supreme Court, June 14, 2024; Caloroso v. Hathaway, California Court of Appeal, 2004; Fajardo v. Dailey, California Court of Appeal, 2022; Florida Statutes 768.0755; HFE Valdosta v. Johnson, Georgia Court of Appeals, No. A26A1309, October 30, 2026; Trincere v. County of Suffolk, New York Court of Appeals, 1997; Hutchinson v. Sheridan Hill House, New York Court of Appeals, 2015
Does Medicare get paid back from a slip and fall settlement?
Medicare must be repaid for conditional payments when you receive a settlement, judgment, award, or other payment, according to the Centers for Medicare & Medicaid Services. A conditional payment covers medical services for which another payer may be responsible, and the beneficiary must make sure Medicare receives repayment.
The Centers for Medicare & Medicaid Services says it sends a demand letter after a settlement is reported, with payment due within 60 days of the letter's date. Count that repayment before deciding whether to accept the first settlement offer.
For adults 65 and older, the Centers for Disease Control and Prevention's September 8, 2026 page says falls caused 83% of hip-fracture deaths and 88% of emergency-department visits and hospitalizations for hip fractures. The agency identifies falls as the most common cause of traumatic brain injuries in older adults and says falls cause broken wrists, arms, ankles, and hips.
Sources: Centers for Medicare & Medicaid Services, Conditional Payment Letters; Centers for Medicare & Medicaid Services, recovery process; Centers for Disease Control and Prevention, Facts About Older Adult Falls
What should you do after a slip and fall?
Report the injury, photograph the hazard before cleanup, get medical care, and send the video request within days. For government property, identify the claim deadline first.
Find the government deadline first
If you fell on government property, find the notice or claim deadline in the government table before taking the other steps. Texas cities have their own charter provisions, and New York local-government notices are due within 90 days.
Report the fall before you leave
Tell the manager or owner where you fell and what hurt you. Ask for a written incident report and a copy for yourself.
Photograph the hazard and find witnesses
If you can, photograph the hazard, the surrounding area, and your shoes before cleanup. Get names and phone numbers from witnesses, including workers who saw what happened.
See a doctor the same day
Tell the doctor how you fell and where you hurt.
Ask for the video within days
Write to the store and its corporate office within days. Give the date, exact spot, and time checked against your phone or receipt. Ask them to keep every camera view of that spot for the hours before and after your fall, and ask for a copy. Use a method that proves delivery and keep your copy of the request.
Keep your shoes and clothes
Keep the shoes and clothes you wore without washing them. Save your photographs, witness details, reports, and copies of your requests.
Before giving an insurer a recorded statement, read the guide to an adjuster's recorded statement.
Sources: Texas Civil Practice and Remedies Code chapter 101; New York General Municipal Law 50-e; Martin v. Keeley & Sons, Illinois Supreme Court, 2012
Slip and fall settlement questions
How much are most slip and fall settlements?
Slip and fall settlement values run from $5,000 to $5,000,000+ across the injuries in the table. Choose the row for your injury and treatment: a minor sprain is $5,000 to $15,000, while a severe traumatic brain injury is $500,000 to $5,000,000+. The table does not assign one amount to all falls.
How much are slip and fall settlements without surgery?
A broken wrist without surgery has a settlement range of $30,000 to $100,000. Other rows differ: a torn knee meniscus without surgery is $15,000 to $50,000, and a stable hip fracture that can heal without surgery is $50,000 to $125,000.
Does surgery increase a slip and fall settlement?
The injury table gives higher ranges for a broken wrist with surgery: $100,000 to $250,000+, compared with $30,000 to $100,000 without surgery. A torn rotator cuff is $25,000 to $75,000 without surgery and $75,000 to $200,000 with surgery.
How much compensation do you get for falling in a supermarket?
A grocery store fall uses the same injury ranges as the other falls on this page. The injury, treatment, proof of what the owner knew, and your share of fault set the range. A grocery store does not have a separate set of values in this table.
Are trip and fall settlement amounts different?
Trip and fall claims use the same injury table. The proof shifts when you trip over a fixed defect: the parties dispute whether the defect was dangerous, including how it looked from where you were walking.
How hard is it to win a slip and fall case?
Injured people won 38.4% of premises liability trials in the Bureau of Justice Statistics survey of 2005 state-court trials. Those results cover trials, not settlements. To prove a claim, you need more than the fact that you fell.
What do you have to prove in a slip and fall case?
Texas, Illinois, and Arizona recognize proof that the owner caused the hazard, knew it was there, or should have found it before the fall. Other state rules and exceptions appear in the proof table. Video from before the fall and inspection records help show how long the hazard was there.
Can I request security camera footage from a store myself?
You can send the written request yourself. Report the fall and injury before leaving the store, then send the request within days. Include the date, exact spot, and time checked against your phone or receipt. Ask for every camera view of the spot for the hours before and after your fall, and ask for a copy. Send the request to the store and corporate office with proof of delivery, and keep your copy.
What is the deadline for a slip and fall on government property?
The government deadline depends on the state and agency. California generally requires a claim within six months of injury, Florida requires a written claim within three years, and a federal agency must receive a written claim within two years. A Texas city charter can set its own notice period.
Who pays if I fall at someone's home?
A home policy has medical payments coverage separate from its liability coverage. The Texas Department of Insurance says medical payments coverage pays bills for people hurt on the property. The California Department of Insurance excludes business activities from the medical payments coverage it describes.
Can I recover money if I was partly at fault for a slip and fall?
Your state decides whether your share of fault reduces compensation or ends the claim. Texas, Florida, and Illinois end the claim above 50% fault, while Georgia ends it at 50% or more. California, Arizona, Washington, and New York reduce the award without ending the claim because of your share of fault.
Does Medicare get repaid from a slip and fall settlement?
Medicare must be repaid for conditional payments when you receive a settlement or other payment, according to the Centers for Medicare & Medicaid Services. The beneficiary is responsible for repayment. The agency says payment is due within 60 days of its demand letter.
How long does a slip and fall case take?
Half of premises liability trials took more than 24.5 months from filing to verdict or judgment, and half took less, in the Bureau of Justice Statistics survey of 2005 trials. That trial figure does not give a settlement timetable.
How long after a slip and fall accident can you sue?
The private-owner filing deadline is two years in Texas, California, Florida for claims arising after March 24, 2023, Georgia, Nevada, Illinois, and Arizona. Washington and New York allow three years. Government claims have separate notice requirements and deadlines in the government table.
Sources: the linked injury guides and state tables above, plus the primary sources below.
Sources: Bureau of Justice Statistics, Tort Bench and Jury Trials in State Courts, 2005; Wal-Mart Stores v. Reece, Texas Supreme Court, 2002; Perez v. Circle K, Arizona Supreme Court, March 12, 2025; Olinger v. Great Atlantic & Pacific Tea, Illinois Supreme Court, 1961; Brookshire Brothers v. Aldridge, Texas Supreme Court, July 3, 2014; Becker v. Artisanal Brewers Collective, California Court of Appeal, September 1, 2026, unpublished; New Albertsons v. Superior Court, California Court of Appeal, December 10, 2008; Martin v. Keeley & Sons, Illinois Supreme Court, 2012; California Courts self-help guide, government claims; Florida Statutes 768.28; 28 U.S.C. 2401; Standard Form 95; Texas Department of Insurance, homeowners insurance guide; California Department of Insurance, Residential Insurance guide; Centers for Medicare & Medicaid Services, Conditional Payment Letters; Centers for Medicare & Medicaid Services, recovery process
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Cite this data
SetCalc. "Slip and Fall Settlement Calculator." Updated November 3, 2026. https://setcalc.com/guides/slip-and-fall-settlement-calculator.
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