In this guide
What a slip-and-fall claim is built from
- Medical bills — the emergency visit, imaging, physical therapy and follow-up care, whether paid or still owed.
- Lost income — pay you missed while you couldn’t work.
- Pain and suffering — the pain itself and the limits on daily life, which is where how long recovery took matters.
- Future care — if the injury hasn’t fully healed.
Surgery tends to raise each of these. Without it, the claim usually turns on how much treatment you needed and for how long — so keep every record and bill.
What you have to show
A store or other business has to use reasonable care to protect the customers it invites in. For invited visitors, the duty is typically to keep the premises reasonably safe and to warn of known dangerous conditions that aren’t open and obvious. In practice, the claim turns on evidence that the hazard was there and that the owner should have dealt with it:
- photos of the spot and of what caused the fall, taken as soon as you can;
- the incident report number and the names of employees you spoke to;
- witnesses’ names and phone numbers;
- a written request that the store keep any video of the fall;
- your medical records, starting with the first visit.
How your share of fault changes it, state by state
| State | Rule | What it means for you |
|---|---|---|
| California | Pure comparative fault | Your damages are reduced by your share of fault, but you’re never barred. (Li v. Yellow Cab Co. (1975)) |
| Texas | Barred above 50% | Reduced by your share; no recovery if you’re more than 50% responsible. (Civ. Prac. & Rem. Code § 33.001) |
| Florida | Barred above 50% | Reduced by your share; no recovery if you’re more than 50% at fault (medical malpractice cases excepted). (Stat. § 768.81(2), (6)) |
| New York | Pure comparative fault | Reduced by your share and never barred — except, since 2026, motor vehicle injury cases under the no-fault law, which are barred if your fault is greater than the defendant’s. (CPLR 1411(a), (b)) |
| Pennsylvania | Barred above 50% | Reduced by your share; no recovery if your negligence is greater than the defendants’. (42 Pa.C.S. § 7102(a)) |
| Illinois | Barred above 50% | Reduced by your share; no recovery if you’re more than 50% of the cause. (735 ILCS 5/2-1116) |
| Ohio | Barred above 50% | Reduced by your share; no recovery if your fault is greater than everyone else’s combined. (R.C. 2315.33) |
| Georgia | Barred at 50% | Reduced by your share; no recovery if you’re 50% or more responsible. (O.C.G.A. § 51-12-33(a), (g)) |
| North Carolina | Contributory negligence | If you’re even slightly at fault, you can recover nothing — with narrow exceptions such as the defendant’s gross negligence or “last clear chance.” (N.C. common law) |
| Michigan | Reduced; no pain-and-suffering damages above 50% | Reduced by your share; if your fault is greater than everyone else’s combined, you get no noneconomic (pain-and-suffering) damages. (MCL 600.2959) |
What you keep: an example
An illustrative $40,000 claim in Texas where you’re found 20% at fault, with a one-third fee, $500 in case costs and $5,000 in medical liens:
| Total damages | $40,000 |
| Less your 20% share of fault | −$8,000 |
| Lawyer’s fee (one-third) | −$10,667 |
| Case costs | −$500 |
| Medical liens | −$5,000 |
| You keep | $15,833 |
|---|
At 55% fault, the same claim would be worth nothing in Texas — but $18,000 before fees in California. Try your own numbers in the calculator above and the take-home calculator.
Falls in grocery stores and other businesses
A business usually sends the claim to its liability insurer or a claims administrator. The adjuster may ask for a recorded statement; you can ask to give information in writing instead, and get medical care and advice first. Keep receipts and any loyalty-card record that shows you were in the store that day. If you fell on public property, such as a city sidewalk, notice deadlines can be months, not years — check the claim deadline calculator.
Frequently asked questions
What is the average slip and fall settlement without surgery?
There’s no reliable public average. A settlement depends on your medical bills, lost income, pain and how long recovery took, on your share of the fault, and on the owner’s insurance. The calculator above shows how fault changes a figure you enter.
Can I get a settlement if I was partly at fault for my fall?
It depends on the state. In California and New York your damages are reduced by your share but never barred. Texas, Florida, Pennsylvania, Illinois and Ohio bar recovery above 50% fault, Georgia at 50%, and North Carolina — with narrow exceptions — at any fault at all. In Michigan, above 50% you can’t recover pain-and-suffering damages.
How long do I have to file a slip and fall claim?
The same injury deadlines apply: 2 or 3 years to file a lawsuit in the largest states. If you fell on public property, such as a city sidewalk, a notice deadline can come much sooner — 6 months to present a claim in California and 90 days to serve a notice of claim in New York. The claim deadline calculator shows yours.
Do I need a lawyer for a slip and fall without surgery?
Not necessarily — but compare what you’d keep. A lawyer’s contingency fee comes out of the settlement, along with case costs and medical liens, so run any offer through the take-home calculator before deciding.
What should I do right after a slip and fall in a store?
Report it to the manager and ask for the incident report number, photograph the spot and what caused the fall, get witnesses’ contact information, and get medical care. Ask the store in writing to keep any video of the fall.
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
- 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))
- Business invitee (businesses must use reasonable care to protect invitees) (Cornell Legal Information Institute (Wex))
- Invitee (duty to keep premises reasonably safe and warn of known dangers that aren’t open and obvious) (Cornell Legal Information Institute (Wex))
- California Government Code § 911.2 — Six months to present a claim to a public entity for death or injury (FindLaw (California Government Code))
- New York General Municipal Law § 50-e — Notice of claim within 90 days (New York State Senate)
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.