Texas Slip and Fall Settlement Calculator
Get a rough estimate of what a Texas slip-and-fall claim might be worth. Enter your medical bills and losses and answer a few plain questions — the tool weighs how provable the owner's fault is and your share of fault. This is an estimate to understand the factors, not a prediction or an offer.
This is a rough estimate, not a prediction or an offer.
Slip-and-fall claims turn on proving the property owner was at fault — there is no formula that predicts a settlement. This shows the factors and a wide range to help you understand value. Consult a Texas premises-liability attorney about your case.
Enter the medical bills and losses to see an estimated range
The multiplier method is a rough starting point, not a guarantee. Slip-and-fall value depends most on proving the owner's fault and on the available insurance. An attorney is the only way to value your specific claim. This tool is not legal advice and RecordingLaw.com is not a law firm.
How the Estimate Works
No tool can predict a slip-and-fall settlement. This calculator applies the multiplier method (pain and suffering as a multiple of your medical bills), then does something the thin online calculators skip: it weighs how provable the owner's fault is. A spill the staff caused or knew about is worth far more than a hazard nobody can show the owner knew about. It then estimates your own comparative fault from a few plain questions and applies Texas's rules.
Proving the Owner Was at Fault
Premises liability has four parts: a dangerous condition existed, the owner knew or should have known about it, they failed to fix it or warn you, and that caused your injury. The middle part — notice — is where most slip-and-fall cases are won or lost. Strong evidence (an incident report, photos of the hazard, surveillance video, cleaning and maintenance logs, prior complaints) is what turns a claim from a token offer into real money. A posted warning sign or cone works against you: it shows the owner did warn, and it makes the hazard "open and obvious," shifting fault onto you.
Texas Premises-Liability Rules
Open-and-obvious hazards. In Texas, an open-and-obvious hazard can defeat the claim (it negates the owner's duty). Texas follows the "no-duty" rule: a landowner/occupier generally owes NO duty to warn or protect an invitee against premises conditions that are open and obvious or known to the invitee, so an open-and-obvious hazard defeats the duty element (a bar), not merely a comparative-fault factor. Leading case: Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015), which restored the no-duty doctrine and recognized only two narrow exceptions — the criminal-activity exception and the necessary-use exception (where the invitee must use the dangerous premises and is forced to do so despite awareness of the risk). The Texas Supreme Court has reaffirmed this framework in later premises-liability decisions (e.g., HNMC, Inc. v. Chan, 2024), holding that courts cannot create new duties where the no-duty rule applies. Texas has NOT moved to the modern comparative-fault treatment (contrast Michigan's Kandil-Elsayed, 2023).
Ice and snow. Texas follows the natural-accumulation rule — a property owner generally owes NO duty to remove naturally accumulated ice or snow, so those claims are hard to win unless the accumulation was unnatural or the owner made it worse. Texas applies the natural accumulation rule. In Scott & White Memorial Hospital v. Fair, 310 S.W.3d 411 (Tex. 2010), the Texas Supreme Court held that, as a matter of law, a natural accumulation of ice, sleet, or snow (here, ice that formed naturally from a winter storm) does NOT pose an unreasonable risk of harm, so a premises owner owes no duty to remove it or warn of it. The Court reasoned that imposing liability for purely natural accumulations would place too great a burden on landowners, who have limited resources to combat occasional ice. The Court left open possible exceptions for accumulations substantially more dangerous than an invitee would anticipate, or where the owner was actively negligent in creating/permitting an UNnatural accumulation.
Public property. If you fell on government property, Texas requires a formal notice of claim — often within about 90 days, much shorter than the normal deadline. Under the Texas Tort Claims Act, Tex. Civ. Prac. & Rem. Code Sec. 101.101(a), a claimant must give a governmental unit notice of the claim not later than six months (180 days) after the day the incident occurred. HOWEVER, Sec. 101.101(b) ratifies and approves home-rule city charter and ordinance provisions requiring notice within a SHORTER period — and most major Texas cities impose much shorter deadlines (e.g., the City of Houston charter (Art. IX, Sec. 11) requires notice within 90 days; other cities use 45-100 days). 90 days is Sec. 101.101(c) excuses the formal notice requirement only if the governmental unit already has actual notice of the death, injury, or property damage. Missing the applicable notice deadline waives the claim. The separate 2-year statute of limitations still runs after notice is given.
Your Fault & the Deadline to File
Texas follows modified comparative negligence (51% bar). Your award is reduced by your share of fault, and you recover nothing once you are 51% or more at fault.
Texas uses "proportionate responsibility" under Civil Practice & Remedies Code Ch. 33. Section 33.001 bars recovery only if the claimant's "percentage of responsibility is greater than 50 percent" — i.e., a plaintiff who is 50% or less at fault still recovers (damages reduced by their fault share), but a plaintiff who is 51%+ at fault recovers nothing. This is the modified-comparative "51% bar." A defendant found more than 50% responsible can be jointly and severally liable for the whole judgment (§ 33.013).
Texas generally requires a slip-and-fall lawsuit to be filed within 2 years of the fall (the statute of limitations). Two years from the date the cause of action accrues, under Civil Practice & Remedies Code § 16.003(a). Wrongful-death claims also run two years, accruing on the date of death (§ 16.003(b)). Note narrow exceptions/tolling (e.g., minors, discovery rule, and special periods under §§ 16.0031/16.0045). Med-mal has its own 2-year period under § 74.251. Source: Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015) (open and obvious / no-duty rule); Scott & White Memorial Hospital v. Fair, 310 S.W.3d 411 (Tex. 2010) (natural accumulation of ice/snow not unreasonably dangerous); Tex. Civ. Prac. & Rem. Code Sec. 101.101 (Texas Tort Claims Act notice — 6 months, shortened by city charter, e.g., 90 days).
- Open-and-obvious / known hazards are a DUTY bar in Texas: under Austin v. Kroger (Tex. 2015) a landowner owes no duty to warn or protect invitees against open, obvious, or known dangers, subject only to the narrow criminal-activity and necessary-use exceptions.
- Naturally accumulated ice, sleet, and snow are not unreasonably dangerous as a matter of law (Scott & White v. Fair, Tex. 2010), so there is generally no premises-liability duty for weather-caused outdoor ice — an UNnatural accumulation (e.g., from a leaking pipe or improper drainage) can still support a claim.
- Texas uses modified comparative negligence with a 51% bar: a plaintiff who is more than 50% at fault recovers nothing, and any recovery is reduced by the plaintiff's percentage of fault (Tex. Civ. Prac. & Rem. Code Ch. 33, proportionate responsibility).
- Personal-injury claims, including slip-and-fall, have a 2-year statute of limitations (Tex. Civ. Prac. & Rem. Code Sec. 16.003).
- Falls on city/county/state property require a tort-claims NOTICE first: 6 months under Sec. 101.101(a), but home-rule city charters routinely cut this to as little as 45-100 days (Houston = 90 days), and missing it waives the claim — act fast.
Frequently Asked Questions
How much is my Texas slip and fall claim worth?
No one can tell you a number in advance, and slip-and-fall is harder than a car accident because you must prove the owner was at fault. A rough estimate adds your economic damages and a pain-and-suffering multiplier, discounts it by how provable the owner's fault is, and reduces it for your share of fault under Texas's modified comparative negligence (51% bar) rule. The available insurance also caps recovery — an attorney is the only way to value your specific case.
Does a "wet floor" sign hurt my Texas claim?
Yes, usually. A posted warning shows the owner satisfied part of their duty to warn and makes the hazard "open and obvious," which shifts fault onto you. In Texas, an open-and-obvious hazard can defeat the claim (it negates the owner's duty). It reduces — and sometimes defeats — a claim, but not always (a hidden or inadequate sign may not help the owner).
Can I sue for a fall on ice or snow in Texas?
It's difficult. Texas follows the natural-accumulation rule, so a landowner generally owes no duty to remove naturally accumulated ice or snow. You'd usually need to show the accumulation was unnatural or the owner made it worse. This is general information, not legal advice — consult a Texas attorney.
How long do I have to file in Texas?
Generally 2 years from the fall. If you fell on public property, a much shorter notice-of-claim deadline (around 90 days) applies first. Two years from the date the cause of action accrues, under Civil Practice & Remedies Code § 16.003(a). Wrongful-death claims also run two years, accruing on the date of death (§ 16.003(b)). Note narrow exceptions/tolling (e.g., minors, discovery rule, and special periods under §§ 16.0031/16.0045). Med-mal has its own 2-year period under § 74.251.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value — not a prediction or an offer. Slip-and-fall outcomes vary enormously and depend on proving fault and on the available insurance. Treat any number here as a ballpark and consult a Texas attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. The value of a slip-and-fall claim can only be assessed by a licensed attorney reviewing your specific facts.