Pennsylvania Slip and Fall Settlement Calculator
Estimate Pennsylvania slip-and-fall settlement — SOL, Modified Comparative Fault (51%), Fair Share Act / Several Liability
Last reviewed: April 2026
⚖️ PENNSYLVANIA: SOL | Modified Comparative Fault (51%) | Fair Share Act / Several Liability
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Slip & Fall Settlement Data
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, Chicago City, Philadelphia Law Dept.. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Pennsylvania Slip and Fall Law
Pennsylvania premises liability is governed by 42 Pa.C.S. §5524(2) (SOL): 2 years from date of injury. Strict. Discovery rule limited to latent injuries.
Modified Comparative Fault (51%) (42 Pa.C.S. §7102(a)): Plaintiff barred if 51%+ at fault; damages reduced below that. Plaintiff must be 50% or less at fault to recover.
Fair Share Act / Several Liability (42 Pa.C.S. §7102(a.1) — Fair Share Act 2011): Each defendant pays only their proportional share; defendant 60%+ at fault bears joint-and-several. Enacted June 2011; applies post-enactment claims. Exceptions: intentional torts, liquor-code violations, hazardous substances.
Key Pennsylvania Slip and Fall Statutes
Pennsylvania premises liability operates under these critical legal rules:
42 Pa.C.S. §5524(2)
SOLStandard: 2 years from date of injury
Scope: Strict. Discovery rule limited to latent injuries.
42 Pa.C.S. §7102(a)
Modified Comparative Fault (51%)Standard: Plaintiff barred if 51%+ at fault; damages reduced below that
Scope: Plaintiff must be 50% or less at fault to recover.
42 Pa.C.S. §7102(a.1) — Fair Share Act 2011
Fair Share Act / Several LiabilityStandard: Each defendant pays only their proportional share; defendant 60%+ at fault bears joint-and-several
Scope: Enacted June 2011; applies post-enactment claims. Exceptions: intentional torts, liquor-code violations, hazardous substances.
Restatement (Second) of Torts §§329-332
Three-Tier Visitor ClassificationStandard: Invitee (inspect/repair/warn), licensee (warn of known), trespasser (no duty except no willful/wanton)
Scope: PA follows Restatement strictly. Social guests = licensees. Business visitors = invitees.
Morin v. Traveler's Rest Motel (common law)
Trivial Defect DoctrineStandard: Minor defects not actionable as matter of law
Scope: Fact-specific. No fixed dimensional threshold. Courts weigh character, location, circumstances.
Recovery Structure
Medical expenses, lost wages, future care, pain and suffering, loss of consortium. Most states require plaintiff to show actual or constructive notice of the dangerous condition.
Key Pennsylvania Doctrines
Three-Tier Visitor Classification: Invitee (inspect/repair/warn), licensee (warn of known), trespasser (no duty except no willful/wanton). Trivial Defect Doctrine: Minor defects not actionable as matter of law
Damage Structure + Caps
Economic (medical, lost wages), non-economic (pain & suffering), possible punitive
Pennsylvania Slip and Fall Verdicts + Averages
Recent Pennsylvania premises liability outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $18M | 2019 | Gustafsson v. Trigen (Philadelphia CCP) — medical student fell into uncovered manhole; high-low capped at $18M on appeal |
| $250K | 2023 | Hobbs v. Target Corp. — trip on worn entrance mat, total knee replacement |
| $85K | 2024 | — Moderate (fractures, surgery) — typical PA mid-range |
| $15K | 2024 | — Soft tissue / no surgery — low end PA range |
Pennsylvania Slip and Fall FAQs
What is the statute of limitations for slip-and-fall in Pennsylvania?
The SOL in Pennsylvania is 2 years (42 Pa.C.S. §5524). For minors, the clock typically tolls until age 18. Against government entities, most states require a short pre-filing notice — verify before filing.
What is Pennsylvania's comparative fault rule?
PA uses modified comparative (51%) — you must be 50% or less at fault to recover. Damages reduced proportionally below that threshold. Fair Share Act (2011) adds: defendants 60%+ at fault bear joint-and-several liability for 100% of damages. This affects every settlement negotiation because your fault percentage directly reduces recovery.
How much is a typical Pennsylvania slip-and-fall settlement worth?
Settlement ranges vary by injury severity: minor soft-tissue injuries typically $10K-$40K, moderate injuries with surgery $50K-$150K, severe permanent disability $200K-$1M+. See landmark verdicts section for real Pennsylvania examples.
Do I need to sue or can I settle with insurance?
Most slip-and-fall cases settle with the property owner's insurance before trial. Filing a lawsuit is typically a leverage tool — roughly 90-95% of cases resolve pre-trial. However, you must file before the SOL expires to preserve leverage.
What evidence is critical for my Pennsylvania slip-fall case?
Photos of the hazard (with a measuring reference for size), medical records documenting injuries + causation, witness statements, incident reports, any prior complaints about the same hazard, and proof of lost wages. Preserve evidence immediately — the defendant will likely fix the hazard quickly.
Pending Pennsylvania Slip and Fall Issues
Active legal developments (as of April 2026):
- Fair Share Act scope still litigated: Spencer v. Johnson (PA Superior) held Act may not apply unless plaintiff's comparative negligence is affirmatively at issue — not definitively resolved by PA Supreme Court.
- Philadelphia CCP historically returns significantly higher verdicts than other PA counties; defendants routinely seek venue transfer.
- Trivial defect has no bright-line dimension — case-by-case for sidewalk/parking-lot falls.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.055.024.000..HTM
- codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-7102
- www.reifflawfirm.com/impact-pennsylvanias-fair-share-act-personal-injury-suits
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
Ohio
Modified 51%, open-and-obvious retained, §2744 government immunity
Main Slip & Fall Calculator
Nationwide premises liability overview
All Slip and Fall Calculators by State
Other Calculators for Pennsylvania
Each Pennsylvania calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Pennsylvania verdict data where available.