Your rights
Slip and fall law: when can you claim, and how long do you have?
Short answer
A slip and fall claim is a premises liability claim: you must show the owner knew, or should have known, about the hazard and failed to fix it or warn. Deadlines to sue run 2 or 3 years in the states checked here, but a fall on public property can need a notice within 90 days.
Checklist
After a slip and fall: evidence to keep in the first 24 hours
Tick what you have; each item points to the part of this page that explains why it matters.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Key points
- What you prove
- The owner knew or should have known about the hazard and failed to repair it, protect against it or warn, and that caused your harm. In Florida, a fall on a spill in a business needs proof of actual or constructive knowledge.
- Deadline
- 2 years in California, Texas, Florida, Pennsylvania, Arizona and Virginia; 3 years in New York and Maryland. Public property is shorter: a notice of claim within 90 days in New York.
- Shared fault
- Your share of the fault usually reduces what you recover. In Texas and Florida, more than 50% bars the claim; in North Carolina, any fault can.
- Evidence
- California's courts list photos of the scene or injuries, medical bills or doctor reports, witness statements and police reports.
A slip and fall claim asks the owner or occupier of a property to pay for an injury caused by a dangerous condition there: a wet floor, a broken step, a torn carpet, ice that was never cleared. The law calls it premises liability. Falling is not enough on its own: you have to show the owner was careless about a hazard it knew of, or should have found.
Below: what you have to prove, the evidence to keep in the first 24 hours, the deadline to sue by state, what happens if you were partly at fault, falls on public property and sidewalks, and falls at work.
What is a slip and fall claim? Premises liability
A slip and fall (or trip and fall) claim is a negligence claim against the person who owns, leases, occupies or controls a property. California's civil jury instructions set out the four things the injured person must prove (CACI No. 1000): Bitten by a dog instead? See dog bite law by state.
- Control. The defendant owned, leased, occupied or controlled the property.
- Negligence. The defendant was negligent in the use or maintenance of the property.
- Harm. You were harmed.
- Cause. The defendant's negligence was a substantial factor in causing your harm.
The duty is reasonable care: a person who owns, leases, occupies or controls property must use reasonable care to keep it reasonably safe, to discover unsafe conditions, and to repair, replace or give adequate warning of anything that could reasonably be expected to harm others (CACI No. 1001). That same duty answers the question owners ask: yes, you can be sued if someone falls on your property, but only if you were careless about it.
What you have to prove: the owner knew or should have known
Most slip and fall cases turn on notice: did the owner know about the hazard, or should it have? California's instruction on unsafe conditions (CACI No. 1003) says the owner was negligent if:
- a condition on the property created an unreasonable risk of harm;
- the owner knew or, through the exercise of reasonable care, should have known about it; and
- the owner failed to repair the condition, protect against harm from it, or give adequate warning of it.
- “Should have known” depends on time. The jury decides whether the condition existed long enough that the owner had time to discover it and, using reasonable care, repair it, protect against it or warn. An owner must make reasonable inspections; if no inspection was made within a reasonable time before the accident, that may show the condition was there long enough that a store owner using reasonable care would have found it.CACI No. 1011
- Florida: spills in a business. If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove the business had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge can be shown by circumstantial evidence that the condition existed so long that the business should have known, or that it occurred with regularity and was foreseeable.Fla. Stat. § 768.0755(1)
- A warning can count. Giving adequate warning of the condition is one of the ways an owner meets its duty, so whether there was a sign or a cone matters.CACI No. 1003
What to do after a slip and fall: the first 24 hours
Evidence of a hazard disappears fast: a spill is mopped, a mat is moved. California's courts tell people with an injury case to keep evidence that supports their side, such as photos of the scene or injuries, medical bills or doctor reports, witness statements and police reports, and to keep all evidence related to the injury.
- Get medical care. Your health comes first, and the records of your treatment, with every bill and doctor's report, are evidence of your injury.
- Photograph the spot. The hazard itself, the area around it, any warning sign or the lack of one, the lighting, and your injuries. Take them before anything is cleaned or moved, if you can.
- Get the names of witnesses. Anyone who saw the fall or the hazard: their names, phone numbers, and what they saw.
- Write it down while you remember. The date, the time and the exact place, what made you fall, and who you told. A Texas government notice, for example, must describe the injury, the time and place, and the incident.
- Find out who owns or runs the property. A store, a landlord, a city or a federal agency: if it is public property, a short notice deadline may apply (see public property).
- Keep everything. The shoes and clothes you wore, receipts, messages with the owner or its insurer, and a list of your costs and missed work.
How long do you have to sue for a slip and fall? Deadlines by state
The deadline to sue for a personal injury, the statute of limitations, is set by each state and usually runs from the day of the fall. A fall on public property often has a much shorter first step: a written notice or claim to the government.
| State | Private property: lawsuit | Public property: first step | Law |
|---|---|---|---|
| California | 2 years from the injury | Claim to the agency within 6 months; sue within 6 months after a mailed rejection | Code Civ. Proc. § 335.1 · California Courts: government claims |
| Texas | 2 years | Notice to the government within 6 months (a city charter may set its own period) | Civ. Prac. & Rem. Code §§ 16.003, 101.101(a) |
| Florida | 2 years for negligence, for falls after March 24, 2023 (4 years before) | Claim in writing within 3 years | Fla. Stat. §§ 95.11(5)(a), 768.28(6)(a) |
| New York | 3 years | Notice of claim within 90 days | CPLR 214(5) · Gen. Mun. Law § 50-e(1)(a) |
| Pennsylvania | 2 years | Not checked for this page | 42 Pa.C.S. § 5524(2) |
| Arizona | 2 years after the cause of action accrues | Not checked for this page | A.R.S. § 12-542(1) |
| Virginia | 2 years after the cause of action accrues | Not checked for this page | Va. Code § 8.01-243(A) |
| Maryland | 3 years (the general civil deadline) | Not checked for this page | Md. Code, Cts. & Jud. Proc. § 5-101 |
Federal property (a post office, a federal building, a national park): a written claim to the agency within 2 years, then a lawsuit within 6 months after the agency mails a final denial (28 U.S.C. § 2401(b)). Read November 1, 2026 from each official source. Not checked for this page: Illinois, Ohio, Michigan, North Carolina, Georgia, New Jersey, Washington, Massachusetts, Colorado, Tennessee and the other states, whose official code sites could not be read from here. For them, see your state court's self-help site or statute of limitations.
Calculator
When is your deadline after a fall?
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Uses only the numbers on this page, each from its official source. Nothing you type leaves your device. Not legal advice.
Partly at fault? Comparative negligence in slip and fall cases
Owners often say the injured person was not looking, wore the wrong shoes, or ignored a sign. If a jury agrees, your own share of the fault changes what you recover. There are three kinds of rule: pure comparative fault (your share reduces the award, never bars it), modified comparative fault (barred above 50%, or at 50% or more) and contributory negligence (any fault of yours can bar the claim). Example: with $10,000 in damages and 20% of the fault, a pure state such as California awards $8,000.
- California: pure. Your share reduces the award. Your damages are reduced by your percentage of responsibility, and your share never bars the claim.CACI No. 405
- New York: pure, for a fall. Your share reduces your damages in proportion and does not bar recovery. The 2026 bar for a claimant more at fault than the defendant applies only to personal injury actions subject to article fifty-one of the insurance law, New York's motor vehicle no-fault law, started on or after May 26, 2026; a fall in a store or on a sidewalk is not one.CPLR 1411(a), (b) · Ins. Law § 5101
- Texas: more than 50% bars recovery. You may not recover if your percentage of responsibility is greater than 50%; otherwise your damages are reduced by it.Civ. Prac. & Rem. Code §§ 33.001, 33.012(a)
- Florida: more than 50% bars recovery, since March 24, 2023. In a negligence case, a party found more than 50% at fault for their own harm may not recover any damages.Fla. Stat. § 768.81(6)
- Pennsylvania, Illinois and Ohio: more than 50% bars recovery. Your share must not be greater than the defendants' combined (Pennsylvania), more than 50% of the cause (Illinois), or greater than everyone else's combined (Ohio).42 Pa.C.S. § 7102(a) · 735 ILCS 5/2-1116 · Ohio Rev. Code § 2315.33
- Georgia: 50% or more bars recovery. You get nothing if you are 50% or more responsible; below that, the award is reduced by your share.O.C.G.A. § 51-12-33(a), (g)
- North Carolina: contributory negligence. Your own negligence can bar the claim altogether, whatever its share; the other side has the burden of proving it.N.C. Gen. Stat. § 1-139
- Michigan: economic losses reduced; the rest barred above 50%. If your fault is greater than everyone else's together, you lose damages for pain and suffering, but economic damages are still awarded, reduced by your share.Mich. Comp. Laws § 600.2959
Calculator · 10 states
Partly at fault? What each state's rule leaves you
Each state's rule read from its statute · checked Oct 13, 2026
New York's rule was read again on November 1, 2026. Each rule comes from the state statute linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Slip and fall settlements: what decides the amount
There is no official table of slip and fall settlements, and averages quoted online are not law. A claim is built on the harm you can show, starting with your medical bills and doctor reports, and in most states your own share of the fault reduces it (see shared fault). Before you accept an offer, you can ask the insurer to explain it in writing. For workers' compensation and other injury benefits, see compensation after an injury at work; for a crash, see car accident.
Fell on public property or a sidewalk? The notice deadline comes first
A fall in a city building, a public park or on a government road usually needs a written notice or claim before you can sue, and the deadline is far shorter than for a private property claim.
- New York: 90 days. In a tort case against a public corporation, such as a city or county, the notice of claim must be served within ninety days after the claim arises.Gen. Mun. Law § 50-e(1)(a)
- New York City sidewalks. The city's transportation department says property owners are responsible for maintaining the sidewalks next to their property, and are potentially liable for personal injuries caused by their failure to maintain the sidewalk.NYC DOT · NYC Admin. Code § 7-210
- California: 6 months. File a claim with the public agency within 6 months from the injury. If it is rejected, you have 6 months from the date the rejection was mailed to file your lawsuit.California Courts: government claims
- Texas: 6 months. A governmental unit is entitled to notice of a claim not later than six months after the incident, describing the injury, the time and place, and the incident. A city's charter can set its own notice period.Civ. Prac. & Rem. Code § 101.101(a), (b)
- Florida: 3 years. Present the claim in writing to the agency within 3 years after it accrues; for a state agency, also to the Department of Financial Services.Fla. Stat. § 768.28(6)(a)
- Federal property: 2 years. Present a written claim to the federal agency within 2 years, usually on Standard Form 95, “Claim for Damage, Injury, or Death”. You can sue within 6 months after the agency mails a final denial, and if the agency does not decide within six months, you can treat that as a denial.28 U.S.C. §§ 2401(b), 2675(a) · SF 95
Fell at work, or in the work parking lot?
A fall at work is usually a workers' compensation case, not a slip and fall lawsuit against your employer. In Texas, for example, workers' compensation benefits are the exclusive remedy of a covered employee against the employer for a work-related injury (Tex. Labor Code § 408.001(a)). Whether a fall in a parking lot counts depends on the state: Texas's workers' compensation division applies a coming-and-going rule, under which an injury on the public streets going to or from work is generally not covered, and an access exception for an area the employer intends employees to use; its appeals panel found an injury in the employer's parking lot during a paid break to be in the course and scope of employment.
If someone other than your employer owns the property, a separate claim against that owner may also be possible. See workers' comp after an injury at work and workers' comp benefits by state.
Do you need a slip and fall lawyer? What one costs, and how fees work
Whether you have a case, what a lawyer may take where a law or court rule caps it, the notice deadline after a fall on public property, and a license check are on Do I need a slip and fall lawyer?.
If a lawyer takes your case for a contingency fee, the rules below shape the agreement. Before any meeting, keep your evidence and know your deadline (see the first 24 hours and deadlines by state).
- A contingency fee is a percentage of what you recover. You pay the lawyer a percentage of the money you receive if you win or settle. The State Bar of California says the written agreement should state that percentage and whether it is figured before or after other costs are deducted, and that the fee is negotiable between you and the lawyer.State Bar of California
- Before or after costs changes the number. For example, on a $90,000 settlement with $10,000 in case costs, a one-third fee figured before costs is $30,000; figured after costs, on the remaining $80,000, it is about $26,667. Ask which way your agreement counts, and who pays the costs if there is no recovery.
- In writing, and signed. In Texas, a contingent fee contract for legal services must be in writing and signed by the attorney and the client. In California, a fee agreement must be in writing when fees and costs are expected to total $1,000 or more, the State Bar says.Tex. Gov't Code § 82.065(a) · State Bar of California
- Texas: no unsolicited contact for 30 days. A lawyer, chiropractor, physician or private investigator may not send you unsolicited communications about an accident, to get your business, before the 31st day after it. A contract for legal services procured by barratry is voidable, and you can recover the fees you paid, your actual damages and a $10,000 penalty from the person who committed it.Tex. Penal Code § 38.12(d) · Tex. Gov't Code §§ 82.065(b), 82.0651(b)
Florida's Bar rule on contingency fees and New York's court rules on them are not checked for this page. Free help: legal aid and bar referral services.
Every state's limits on contingency fees, and how to check a lawyer's license in your state: personal injury lawyer.
Checklist
Ready for a first meeting with a slip and fall lawyer?
Tick each point as you get it ready.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Free help, and when to talk to a lawyer
Talk to a lawyer soon if you were badly hurt, if the fall was on public property (the notice deadline is short), if the owner's insurer blames you, or if your deadline is near. A small property-damage or medical-bill claim may fit small claims court.
Common questions about slip and fall claims
How much does a slip and fall lawyer cost?
With a contingency fee, a percentage of the money you receive if you win or settle. The percentage is negotiable, and the written agreement should say whether it is figured before or after costs, which changes what you take home. In Texas a contingent fee contract must be in writing and signed by you and the lawyer.
What is a slip and fall?
An injury from slipping, tripping or falling because of a dangerous condition on someone else's property. The legal claim is premises liability: the owner or occupier was negligent in the use or maintenance of the property, and that caused your harm.
What do I have to prove in a slip and fall case?
That a condition created an unreasonable risk of harm, that the owner knew or should have known about it, and that the owner failed to repair it, protect against it or warn (CACI No. 1003). In Florida, a fall on a spill in a business needs proof of actual or constructive knowledge (Fla. Stat. § 768.0755).
How long do I have to file a slip and fall claim?
2 years in California, Texas, Florida, Pennsylvania, Arizona and Virginia, and 3 years in New York and Maryland, for a fall on private property. On public property a notice can be due much sooner: 90 days in New York and 6 months in California and Texas.
Can I be sued if someone falls on my property?
Yes, if you were careless. A person who owns, leases, occupies or controls property must use reasonable care to keep it reasonably safe and to repair or warn of hazards (CACI No. 1001). In New York City, owners can be liable for the sidewalk next to their property.
What if I was partly at fault?
In most states your share reduces what you recover. With $10,000 in damages and 20% of the fault, a pure state such as California or New York awards $8,000. In Texas and Florida, more than 50% bars the claim; in North Carolina, any fault can.
Is a fall in the parking lot workers' compensation?
It depends on the state and the lot. In Texas, an injury on the public streets going to or from work is generally not covered, but an area the employer intends employees to use can be, and an injury in the employer's lot during a paid break was found covered.
How much is a slip and fall settlement worth?
There is no official table or average. It depends on the harm you can prove, such as medical bills, and on your share of the fault. Ask the insurer to explain any offer in writing, and get legal advice before you sign a release.
What should I do right after a fall?
Get medical care, photograph the hazard and your injuries, get witnesses' names, write down the date, time and place, and find out who owns the property. If it is public property, check the notice deadline at once.
Official sources
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: Nos. 405, 1000, 1001, 1003, 1011 (PDF) courts.ca.gov
- Florida Statutes § 768.0755 (2026): premises liability for transitory foreign substances in a business establishment leg.state.fl.us
- California Courts Self-Help Guide: Personal injury cases (deadline and evidence) selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Deadlines to sue someone (statutes of limitations) selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Ask a government agency to pay you (government claims) selfhelp.courts.ca.gov
- Texas Civil Practice and Remedies Code, Chapter 16: Limitations (§ 16.003) tcss.legis.texas.gov
- Texas Civil Practice and Remedies Code, Chapter 101: Tort Claims (§§ 101.022, 101.101) tcss.legis.texas.gov
- Texas Civil Practice and Remedies Code, Chapter 33: Proportionate responsibility tcss.legis.texas.gov
- Florida Statutes § 95.11 (2026): limitations other than for the recovery of real property flsenate.gov
- Florida Senate: CS/CS/HB 837 (2023), Civil Remedies, effective March 24, 2023 flsenate.gov
- Florida Statutes § 768.81 (2026): comparative fault flsenate.gov
- Florida Statutes § 768.28 (2026): claims against the state and its agencies and subdivisions leg.state.fl.us
- New York CPLR 214: three years (personal injury) nysenate.gov
- New York CPLR 1411: damages when the claimant shares the fault (revision of May 29, 2026) nysenate.gov
- New York Insurance Law § 5101: Comprehensive Motor Vehicle Insurance Reparations Act (article 51) nysenate.gov
- NY Department of Financial Services, Insurance Circular Letter No. 3 (2026): motor vehicle insurance reforms, effective May 26, 2026 dfs.ny.gov
- New York General Municipal Law § 50-e: notice of claim nysenate.gov
- NYC Department of Transportation: sidewalks (property owner responsibility) nyc.gov
- 42 Pa.C.S. § 5524: two year limitation palegis.us
- 42 Pa.C.S. § 7102: comparative negligence palegis.us
- Arizona Revised Statutes § 12-542: two year limitation for injury to person azleg.gov
- Code of Virginia § 8.01-243: personal action for injury to person law.lis.virginia.gov
- Maryland Code, Courts and Judicial Proceedings § 5-101: three years mgaleg.maryland.gov
- 735 ILCS 5/2-1116: limitation on recovery in tort actions ilga.gov
- Ohio Revised Code § 2315.33: comparative negligence codes.ohio.gov
- Georgia General Assembly: O.C.G.A. § 51-12-33, apportionment of damages legis.ga.gov
- North Carolina General Statutes § 1-139: burden of proof of contributory negligence ncleg.gov
- Michigan Compiled Laws § 600.2959: comparative fault legislature.mi.gov
- 28 U.S.C. § 2401(b): time for a tort claim against the United States govinfo.gov
- 28 U.S.C. § 2675: claim to the federal agency first govinfo.gov
- GSA: Standard Form 95, Claim for Damage, Injury, or Death gsa.gov
- Texas Labor Code § 408.001: exclusive remedy tcss.legis.texas.gov
- Texas Department of Insurance, Division of Workers' Compensation: Appeals Panel Decision Manual, liability and compensability (coming and going, access doctrine) tdi.texas.gov
- State Bar of California: What to expect regarding fees and billing calbar.ca.gov
- Texas Government Code ch. 82: §§ 82.065 and 82.0651, contingent fee contracts and barratry tcss.legis.texas.gov
- Texas Penal Code ch. 38: § 38.12, barratry and solicitation of professional employment tcss.legis.texas.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.