In this guide
What you have to prove
A slip and fall lawsuit is a negligence claim against whoever controlled the property — the owner, a tenant business, a property manager or a government. It has to show four things: a dangerous condition, that the defendant knew about it or should have, that they didn’t fix it or warn you, and that it caused your injuries.
The second point — notice — is where most cases are fought. Florida’s statute for falls on a spilled or dropped substance in a business spells it out: you must prove the business had “actual or constructive knowledge of the dangerous condition,” and constructive knowledge can be shown with circumstantial evidence that the condition was there long enough that the business should have found it, or that it happened so regularly it was foreseeable (Stat. § 768.0755).
States describe the owner’s duty differently. A few examples from the statutes:
- California makes everyone responsible for injuries caused by a lack of ordinary care in managing their property (Civ. Code § 1714(a)).
- Illinois abolished the old line between invited guests and licensees: the owner owes “reasonable care under the circumstances” — but not a duty to warn about conditions that are known to the visitor or open and obvious (740 ILCS 130/2).
- Georgia keeps the distinction: an owner owes invited visitors ordinary care in keeping the premises and approaches safe, but is liable to a licensee only for willful or wanton injury (O.C.G.A. §§ 51-3-1, 51-3-2).
Your own care matters too. If you were looking at your phone or walked past a warning sign, the defense will argue you share the fault — and in some states that can reduce or end the claim (see the table below).
Fell on public property? The first deadline
Falls on a city sidewalk, in a government building or at a public school come under special rules. Before you can sue, most of the largest states require written notice within months — or, in Illinois and Ohio, a lawsuit within a shorter period than usual.
| State | First deadline | Details |
|---|---|---|
| California | Written claim to the public entity within 6 months (Gov. Code § 911.2) | The claim must be presented before you can sue. |
| Texas | Notice to the government unit within 6 months (Civ. Prac. & Rem. Code § 101.101) | Describing the injury, the time and place, and what happened. A city charter can set its own notice period. |
| Florida | Written claim to the agency within 3 years (Stat. § 768.28(5), (6)) | And to the Department of Financial Services, except for a city or county. You can’t sue until the claim is denied (or 6 months pass). Recovery is capped at $200,000 per person and $300,000 per incident unless the Legislature pays more. |
| New York | Notice of claim within 90 days (Gen. Mun. Law § 50-e) | Served on the city, county or other public corporation. |
| Pennsylvania | Written notice to the government unit within 6 months (42 Pa.C.S. § 5522(a)) | Signed, with your name and address, the date, time and approximate location, and any treating doctor. For a state agency, a copy also goes to the Attorney General. |
| Illinois | Lawsuit against a local entity within 1 year (745 ILCS 10/8-101(a)) | Not a notice: the suit itself must be filed within a year of the injury. |
| Ohio | Lawsuit against a political subdivision within 2 years (R.C. 2744.04(A)) | Or any shorter period another statute sets. |
| Georgia | Written notice to a city within 6 months (O.C.G.A. § 36-33-5) | Describing the time, place and extent of the injury and the negligence, delivered to the mayor or council chair. |
| Michigan | Notice of a sidewalk or road defect within 120 days (MCL 691.1401(c), 691.1402a, 691.1404) | With the exact location and nature of the defect, the injury and known witnesses. A city sidewalk is presumed in reasonable repair unless the defect was 2 inches or more or otherwise dangerous, and the city must have known of it at least 30 days before. |
North Carolina isn’t listed: we didn’t find a single statewide notice statute we could verify. Cities, counties and school districts may have their own claim forms; ask the clerk’s office.
Deadlines and fault rules for falls on private property
| State | Deadline to sue | If you were partly at fault |
|---|---|---|
| California | 2 years (Code Civ. Proc. § 335.1) | Pure comparative fault (Li v. Yellow Cab Co. (1975)) |
| Texas | 2 years (Civ. Prac. & Rem. Code § 16.003) | Barred above 50% (Civ. Prac. & Rem. Code § 33.001) |
| Florida | 2 years (Stat. § 95.11(5)(a)) | Barred above 50% (Stat. § 768.81(2), (6)) |
| New York | 3 years (CPLR 214(5)) | Pure comparative fault (CPLR 1411(a), (b)) |
| Pennsylvania | 2 years (42 Pa.C.S. § 5524(2)) | Barred above 50% (42 Pa.C.S. § 7102(a)) |
| Illinois | 2 years (735 ILCS 5/13-202) | Barred above 50% (735 ILCS 5/2-1116) |
| Ohio | 2 years (R.C. 2305.10(A)) | Barred above 50% (R.C. 2315.33) |
| Georgia | 2 years (O.C.G.A. § 9-3-33) | Barred at 50% (O.C.G.A. § 51-12-33(a), (g)) |
| North Carolina | 3 years (G.S. 1-52(16)) | Contributory negligence (N.C. common law) |
| Michigan | 3 years (MCL 600.5805(2)) | Reduced; no pain-and-suffering damages above 50% (MCL 600.2959) |
The fault-share calculator shows what a given share of fault does to the amount in each of these states.
How slip and fall trials turn out
The Bureau of Justice Statistics’ national survey of state court trials concluded in 2005 shows why insurers fight these claims. Premises liability — injuries from unsafe conditions on someone’s property — compared with car accident cases:
| Trials concluded in 2005 | Premises liability | Automobile accident |
|---|---|---|
| Trials (estimate) | 1,863 | 9,431 |
| Plaintiff won | 38.4% | 64.3% |
| Median final award to winning plaintiffs | $98,000 | $15,000 |
| Median time from filing to verdict | 24.5 months | 20.1 months |
Fewer than 4 in 10 premises liability plaintiffs who went to trial won, but those who did got larger awards. Neither figure describes a typical settlement: trials are the cases that didn’t settle, and settlement terms usually stay private. The amounts are in 2005 dollars.
Building the case
- Report the fall to the manager or owner and get a copy or the number of the incident report.
- Photograph the hazard before it’s cleaned up — the spill, the broken step, the lighting, any missing warning sign — and your shoes.
- Ask in writing for the video to be preserved. Recordings can be overwritten.
- Get witnesses’ names, especially employees who saw the hazard before you fell; they speak to notice.
- Get medical care and keep every record and bill.
- Check the first deadline above, and send any required notice to a government owner well before it.
Once a suit is filed, it follows the usual steps — complaint, discovery, mediation, trial — described in the car accident lawsuit guide. For what a claim is worth and what you keep after fees and liens, see slip and fall settlements.
Frequently asked questions
What do you have to prove in a slip and fall lawsuit?
That the owner or the business in control of the property was negligent: a dangerous condition existed, they knew about it or should have found it with reasonable care, they didn’t fix it or warn you, and it caused your injuries. In Florida, a fall on a spilled substance in a business requires proof that the business had actual or constructive knowledge of it.
Are slip and fall cases hard to win?
Harder than car accident cases. In the Bureau of Justice Statistics’ national data, plaintiffs won 38.4% of premises liability trials, compared with 64.3% of automobile accident trials (2005). The usual dispute is whether the owner knew, or should have known, about the hazard.
How long do I have to file a slip and fall lawsuit?
Against a private owner, usually 2 to 3 years from the fall in the largest states. If you fell on a public sidewalk or in a government building, a notice deadline can come first — 90 days in New York, 6 months in California, Texas, Pennsylvania and for a Georgia city, and 120 days for a Michigan sidewalk or road defect.
Can I sue the city for falling on a sidewalk?
Often, but with special rules: short notice deadlines, immunity statutes and sometimes damage caps. Florida limits recovery against the state and local governments to $200,000 per person unless the Legislature approves more, and Michigan presumes a city sidewalk was in reasonable repair unless the defect was at least 2 inches or otherwise dangerous.
What if the hazard was open and obvious?
It can weaken or defeat the claim. Illinois’ premises liability statute says the owner’s duty doesn’t include warning about conditions that are known to the visitor or open and obvious, and Michigan lets a city raise the open-and-obvious defense in sidewalk cases. Your own share of the fault can also reduce the recovery.
Reviewed by
Morgan Hale, Editor. Writes about the financial side of injury claims — fees, liens, timelines and state rules — and checks every page against its sources before it’s published. Not a lawyer; “Morgan Hale” is a pen name. Editorial policy · How we calculate
Sources
- Fla. Stat. § 768.0755 — Transitory foreign substance in a business establishment: actual or constructive knowledge (The Florida Senate)
- O.C.G.A. § 51-3-1 — Duty to invitees: ordinary care in keeping the premises and approaches safe (FindLaw (Georgia Code))
- O.C.G.A. § 51-3-2 — Licensees: owner liable only for willful or wanton injury (FindLaw (Georgia Code))
- 740 ILCS 130/2 — Premises Liability Act: invitee/licensee distinction abolished; reasonable care under the circumstances (FindLaw (Illinois Compiled Statutes))
- Cal. Civ. Code § 1714(a) — Responsibility for want of ordinary care in the management of property (FindLaw (California Civil Code))
- Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129) — tables 4, 5 and 8: automobile accident trials (Bureau of Justice Statistics, U.S. Department of Justice)
- California Government Code § 911.2 — Six months to present a claim to a public entity for death or injury (FindLaw (California Government Code))
- Tex. Civ. Prac. & Rem. Code § 101.101 — Notice to a governmental unit within six months; city charter periods (FindLaw (Texas Civil Practice and Remedies Code))
- Fla. Stat. § 768.28 — Sovereign immunity waiver: claim within 3 years, DFS notice, $200,000/$300,000 limits (The Florida Senate)
- New York General Municipal Law § 50-e — Notice of claim within 90 days (New York State Senate)
- 42 Pa.C.S. § 5522 — Notice to a government unit within six months; contents (FindLaw (Pennsylvania Consolidated Statutes))
- 745 ILCS 10/8-101 — Civil actions against a local entity: within one year (FindLaw (Illinois Compiled Statutes))
- Ohio R.C. 2744.04 — Actions against a political subdivision: within two years (FindLaw (Ohio Revised Code))
- O.C.G.A. § 36-33-5 — Claims against a municipality: written notice within six months (FindLaw (Georgia Code))
- MCL 691.1401 — Definitions: “highway” includes a sidewalk (FindLaw (Michigan Compiled Laws))
- MCL 691.1402a — Municipal sidewalks: 30-day knowledge, 2-inch presumption, open and obvious defense (FindLaw (Michigan Compiled Laws))
- MCL 691.1404 — Notice of a highway defect within 120 days (FindLaw (Michigan Compiled Laws))
- California Code of Civil Procedure § 335.1 — Two years for injury to, or death of, an individual (FindLaw (California Code of Civil Procedure))
- Texas Civil Practice and Remedies Code § 16.003 — Two years for personal injury, property damage and wrongful death (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 95.11 (2025) — Limitations other than for the recovery of real property (The Florida Senate)
- New York CPLR § 214 — Three years for personal injury and injury to property (New York State Senate)
- 42 Pa.C.S. § 5524 — Two years for personal injury, wrongful death and injury to personal property (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/13-202 — Two years for personal injury (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2305.10(A) — Two years for bodily injury or injuring personal property (FindLaw (Ohio Revised Code))
- O.C.G.A. § 9-3-33 — Two years for injuries to the person (four for loss of consortium) (FindLaw (Official Code of Georgia))
- N.C. Gen. Stat. § 1-52(4), (16) — Three years for personal injury and property damage (FindLaw (North Carolina General Statutes))
- Michigan Compiled Laws § 600.5805(2) — Three years for death or injury to a person or property (FindLaw (Michigan Revised Judicature Act))
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975) — California adopts “pure” comparative negligence (FindLaw (Supreme Court of California))
- Texas Civil Practice and Remedies Code § 33.001 — No recovery if the claimant is more than 50 percent responsible (FindLaw (Texas Civil Practice and Remedies Code))
- Florida Statutes § 768.81 (2025) — Comparative fault; no recovery if more than 50 percent at fault (The Florida Senate)
- New York CPLR § 1411 — Damages diminished by culpable conduct; 2026 bar for motor vehicle cases under Insurance Law article 51 (New York State Senate)
- 42 Pa.C.S. § 7102 — Comparative negligence (no recovery if the plaintiff’s negligence is greater than the defendants’) (FindLaw (Pennsylvania Judicial Code))
- 735 ILCS 5/2-1116 — Plaintiff barred if more than 50% of the proximate cause (FindLaw (Illinois Code of Civil Procedure))
- Ohio Revised Code § 2315.33 — Contributory fault doesn’t bar recovery unless greater than the others’ combined fault (FindLaw (Ohio Revised Code))
- O.C.G.A. § 51-12-33 — Damages reduced by fault; no recovery at 50 percent or more (FindLaw (Official Code of Georgia))
- Fault Lines: Understanding Negligence Doctrines (North Carolina’s contributory negligence rule and its exceptions) (UNC School of Government, On the Civil Side blog)
- Michigan Compiled Laws § 600.2959 — Comparative fault; no noneconomic damages if more than 50% at fault (FindLaw (Michigan Revised Judicature Act))
Not legal or financial advice. InjuryMath is not a law firm and does not sell or broker funding. This page gives general information based on the sources listed; your contracts and your state’s law control. For advice about your situation, talk to a licensed attorney in your state.