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.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
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.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
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
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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.