Texas Slip and Fall Settlement Calculator
Estimate TX slip-and-fall settlement — proportionate responsibility with 51% bar (CPRC §33), invitee/licensee/trespasser classifications retained, 2-year SOL
Texas slip-and-fall claims are governed by TX CPRC §§33.001-33.017 (Proportionate Responsibility): Modified comparative 51% bar. Of the 5 landmark Texas slip-and-fall awards documented on this page, the largest is $500K (Severe (spinal, TBI)).
🤠 TX: 51% bar (CPRC §33). 2-year SOL. Retains invitee/licensee/trespasser classifications — NO constructive notice for licensees. Gov entity $250K cap.
Su lesión
Su Acuerdo Estimado
$36,000 — $66,000
Dolor y sufrimiento = $15,000 en facturas médicas × multiplicador de gravedad de 3.0. Sus facturas ya están incluidas en esa cifra, por lo que no se suman de nuevo.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
Municipal Slip & Fall Payout Benchmark — New York City, Chicago and Philadelphia
Across New York City, Chicago and Philadelphia, this benchmark is based on 7,619 real payments totaling $568.6M from municipal slip & fall and sidewalk claims.
Average
$75K
Median
$30K
25th %ile
$10K
90th %ile
$175K
Source: NYC Comptroller, City of Chicago and Philadelphia Law Department claim records. These figures come from three large municipal claim systems (New York City, Chicago, Philadelphia) and are not a national average. Actual payouts may vary based on individual circumstances.
Revisado Editorialmente — Contenido revisado en cuanto a exactitud utilizando investigación legal publicada, datos gubernamentales y registros judiciales verificados. Vea nuestra metodología
Reviewed by Leonard Goldberg, Editor
Texas Slip and Fall Law
Texas premises liability operates under Texas CPRC §§33.001-33.017 (proportionate responsibility) with the 51% bar: plaintiffs more than 50% at fault recover NOTHING. At 50% or less, damages reduced proportionally. CPRC §16.003 sets the SOL at 2 years from injury.
Texas retains the traditional invitee/licensee/trespasser classification (unlike NY/CA which eliminated it). Invitee (business visitors): highest duty — inspect premises + repair/warn of known AND reasonably discoverable hazards. Licensee (social guests): duty to warn of KNOWN hazards only — constructive notice does NOT suffice. Trespasser: minimal duty (refrain from willful/wanton misconduct); limited 'attractive nuisance' for child trespassers.
Texas courts apply the open and obvious doctrine — no duty to warn of hazards that are open and obvious to a reasonable person. The invitee-licensee distinction is the MOST FREQUENTLY litigated issue: whether a party guest at a home-based business, a contractor's family member on a jobsite, or a delivery person on a residential property qualifies as invitee (broader duty + constructive notice) or licensee (narrower duty + actual notice only).
Key TX Premises Liability Statutes
TX slip-and-fall uses the traditional common-law framework with proportionate responsibility overlay:
TX CPRC §§33.001-33.017
Proportionate ResponsibilityStandard: Modified comparative 51% bar
Scope: Plaintiff >50% at fault = no recovery
Common Law — 3-Tier Classification
Invitee/Licensee/TrespasserStandard: Traditional classifications RETAINED
Scope: Invitee (business): duty to inspect + repair/warn. Licensee (social): warn known hazards only. Trespasser: refrain from willful/wanton misconduct.
CPRC §16.003
SOLStandard: 2 years from injury
CPRC §41.008
Punitive CapStandard: Greater of $200K or 2× econ + non-econ up to $750K total
Scope: More restrictive than some states
CPRC §101.023
Gov Entity CapsStandard: $250K/person, $500K/occurrence
Recovery Structure
Economic damages: medical, lost wages, future care — recoverable, no cap. Non-economic damages: pain & suffering, emotional distress — no cap in standard premises cases. Punitive damages: capped at greater of $200K OR 2× economic + non-economic up to $750K total (CPRC §41.008) — more restrictive than many states. Comparative fault: 51% bar reduces or bars recovery. Gov entities: $250K per person / $500K per occurrence under TX Tort Claims Act (CPRC §101.023). Attorney fees: contingency standard.
Visitor Classification + Key Doctrines
Invitee: Business visitors (customers, clients, service personnel). Owner duty: INSPECT + warn/repair known AND reasonably discoverable hazards. Both actual and CONSTRUCTIVE notice can trigger liability. Licensee: Social guests (dinner party, casual visitor). Owner duty: warn of KNOWN hazards only. Constructive notice does NOT suffice — plaintiff must prove actual knowledge. Trespasser: Minimal duty — only refrain from willful/wanton misconduct. Attractive nuisance doctrine for child trespassers. Open + obvious: TX applies this defense — no duty to warn of obvious hazards to reasonable person. Unreasonable risk of harm: plaintiff must show condition posed unreasonable risk + owner knew or should have known (invitee standard).
Damage Caps + Gov Entity Limits
Non-economic: no cap in standard premises cases. Punitive damages: capped at greater of $200K OR 2× econ + non-econ up to $750K total (CPRC §41.008). Government entities: $250K per person / $500K per occurrence (CPRC §101.023) — TX Tort Claims Act. Texas municipalities: some have additional caps or sovereign immunity variations. Medical expense evidence: amounts actually paid admissible; Plaintiffs typically cannot recover 'billed' amounts that were written off by insurance.
TX Slip-Fall Verdicts + Averages
TX slip-fall verdicts reflect 51% bar risk + invitee/licensee complexity:
| Amount | Year | Case / Injury |
|---|---|---|
| $500K | — | — Severe (spinal, TBI) |
| $100K | — | — Moderate fractures + surgery |
| $85K | — | |
| $20K | — | — Minor sprains + soft tissue |
| $15K | — |
Texas Slip and Fall FAQs
What is the difference between invitee and licensee in Texas?
Invitee (business visitor): you're on the property for the owner's business purpose — customers, clients, workers, delivery people. Owner owes duty to INSPECT + warn/repair known AND reasonably discoverable hazards. Both actual AND constructive notice can trigger liability. Licensee (social guest): you're on the property for your own purposes — dinner guest, casual visitor. Owner owes duty to warn of KNOWN hazards only. Constructive notice does NOT suffice — you must prove actual knowledge. The distinction is frequently litigated; especially ambiguous for home-based business visitors or mixed-purpose visits.
What is the Texas slip-fall 51% bar?
Under CPRC §33.001, if the jury finds you MORE than 50% at fault for your fall, you recover ZERO. At 50% or less, damages reduced by your fault percentage. Common scenarios that push plaintiff-fault higher: wearing inappropriate footwear, distracted by phone, ignoring warning signs, off authorized path. Defense attorneys aggressively argue percentage fault to cross the threshold. Document pre-fall conditions thoroughly.
What is the Texas slip-fall SOL?
2 years from injury under CPRC §16.003. Tolled for minors until age 18 (must file by 20). Government entity claims under Texas Tort Claims Act: 6-month written notice to governmental unit, then 2-year SOL for suit. Do NOT delay — 2 years passes quickly and discovery-based tolling is narrowly applied in TX.
Does the open-and-obvious rule bar my TX slip-fall case?
Often yes. TX applies the open-and-obvious doctrine to negate duty for hazards a reasonable person would perceive. Example: a clearly marked wet floor sign in a store would typically defeat a claim based on the wet floor. But the doctrine has limits: distraction scenarios, time pressure, work necessity, and dim lighting can survive. Fact-specific — document the scene immediately with photos + witness statements showing conditions.
What are typical Texas slip-fall settlement values?
Minor (sprains): $5K-$20K. Moderate (fractures, surgery): $20K-$75K. Severe (spinal, TBI): $100K-$500K+. TX average 2025/2026: $15K-$85K across multiple sources. Values are suppressed by 51% bar risk and licensee classification defenses. Commercial invitee cases with clear constructive notice perform best.
Pending TX Slip-Fall Issues
Active legal developments (as of April 2026):
- Invitee vs licensee distinction frequently litigated — especially social guests in semi-commercial settings (party stores, home-based businesses).
- 'Constructive notice' NOT available for licensees — major claim limitation.
- 2025 proportionate responsibility clarification for non-subscriber employer context has spill-over effect on general PI analysis.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.nolo.com/legal-encyclopedia/texas-slip-and-fall-laws.html
- www.enjuris.com/texas/premises-liability
- genthelaw.com/average-slip-and-fall-settlement-amounts-in-texas
- www.lorenzandlorenz.com/blog/texas-slip-and-fall-laws
Other State Slip and Fall Calculators
New York
Pure comparative, 3-yr SOL, 90-day Notice of Claim municipal, trivial defect
California
Pure comparative, 2-yr SOL, Rowland 18-factor test, 6-mo gov claims
Florida
HB 837 51% bar, 2-yr SOL (was 4), §768.0755 notice required
Illinois
51% bar, no damage caps, open-and-obvious + distraction exception
Main Slip & Fall Calculator
Nationwide premises liability overview
All Slip and Fall Calculators by State
Other Calculators for Texas
Each Texas calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Texas verdict data where available.