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Guide · Settlements · All states

Slip and fall settlements: what the data shows

Updated By Spencer, editorEvery fact cites a sourceGeneral information, not legal advice

No public source reports a typical fall settlement. Most settle privately. In a national count of state court trials in 2005, people suing over unsafe property won 38.4% of the time, and winners got a median $98,000. In New Jersey, proof about the hazard, your share of fault and who owns the property shape it. Checked October 12, 2026.

Sources: Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005 (October 2008, NCJ 223851); Model Civil Jury Charge 5.20F (revised November 2022); N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
Checker

Where did you fall?

Pick the closest one. It shows who usually answers for it under New Jersey's rules. It can't tell you whether you have a claim, or what one is worth.

In a store, restaurant or other businessThe business
What it is
A visitor the business invited in.
Why it matters
A business must keep its place reasonably safe and make reasonable inspections.
The rule
Usually you must show it knew of the hazard or should have found it. Where customers handle products themselves, that proof may not be needed.
What you can do now

Ask for a copy of the incident report, and photograph the spot.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
On the sidewalk in front of a businessThe business beside it
What it is
A public sidewalk next to commercial property.
Why it matters
A business owner must use reasonable care to keep that sidewalk safe.
The rule
That can include clearing snow and ice. A building with both shops and homes goes by its main use.
What you can do now

Photograph the defect or the ice, and write down the business's name and address.

Source: Model Civil Jury Charge 5.20B (revised January 2025)
On the sidewalk in front of a homeUsually not the homeowner
What it is
A public sidewalk next to residential property.
Why it matters
A homeowner generally has no duty to maintain or clear it.
The rule
A homeowner can be liable for creating or worsening the hazard. A claim against the town needs written notice within 90 days.
What you can do now

Photograph the spot today. Sidewalks get repaired.

Source: Model Civil Jury Charge 5.20B (revised January 2025); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9
On snow or ice while it was still coming downThe ongoing storm rule
What it is
Snow or ice at a business before the storm ended.
Why it matters
A business landowner generally doesn't have to clear it until the storm ends.
The rule
The duty starts within a reasonable time after. It can be liable sooner if its actions increased the risk, or the risk was there before the storm.
What you can do now

Write down when the snow started and stopped, and when you fell.

Source: Pareja v. Princeton International Properties, A-4-20 (N.J. June 10, 2021)
On town, county or State propertyA public entity
What it is
A claim against a public entity.
Why it matters
Its notice deadline is far shorter, and pain and suffering is limited.
The rule
Written notice is due within 90 days. Pain and suffering needs a permanent loss of a bodily function, disfigurement or dismemberment, with medical expenses over $3,600.
What you can do now

Write down the exact place and date, and photograph it now.

Source: N.J.S.A. 59:8-8; N.J.S.A. 59:8-9; N.J.S.A. 59:9-2
At someone's home, as a guestThe host
What it is
A guest the host invited in.
Why it matters
A host doesn't have to inspect the home for hidden defects.
The rule
A guest is entitled to what the host knows about dangerous conditions.
What you can do now

Note what the host knew about the hazard, and who else was there.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
At workWorkers' compensation
What it is
An injury on the job.
Why it matters
Against your employer, workers' comp is generally the only remedy.
The rule
A claim against someone else who caused the fall is still allowed. If it pays, the comp insurer is paid back for what it paid you.
What you can do now

Tell your employer right away, within 14 days.

Source: N.J.S.A. 34:15-8; N.J.S.A. 34:15-40; N.J.S.A. 34:15-51; N.J.S.A. 34:15-17

What the national data shows

Most fall claims settle privately, so no public source reports a typical settlement. Two national numbers frame what's known. Neither is a value for your claim.

Trials, 2005Median award $98,000

What winners got in premises liability trials in state courts. People suing won 38.4% of these trials. Most claims never reach a jury.

Homeowner claims, 2019 to 2023Average $37,174

Average injury and property damage liability claim on homeowners policies. All causes, not only falls, and not counting claim-handling costs.

A trial award comes after a jury decides, and only people who won get one. Firms post their wins, so the results on their sites run high. Expect most claims to settle lower.

Source: Bureau of Justice Statistics, Civil Bench and Jury Trials in State Courts, 2005 (October 2008, NCJ 223851); Insurance Information Institute, Facts + Statistics: Homeowners and renters insurance

What moves the number

Seven things that shape fall settlements. New Jersey rules are marked.

NJProof about the hazard

A business must keep its place reasonably safe. Usually you must show it knew of the hazard or should have found it.

Source: Model Civil Jury Charge 5.20F (revised November 2022)
NJYour share of the fault

Your recovery drops by your share of the fault. Above 50%, you recover nothing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2
NJWho owns the property

Against a town or the State, pain and suffering needs a permanent injury of a listed kind and medical expenses over $3,600.

Source: N.J.S.A. 59:9-2
NJWhich sidewalk

A business answers for the public sidewalk beside it. A homeowner generally doesn't, unless they made the hazard worse.

Source: Model Civil Jury Charge 5.20B (revised January 2025)
NJWhen the snow stopped

A business landowner generally doesn't have to clear snow and ice until the storm ends, then within a reasonable time.

Source: Pareja v. Princeton International Properties, A-4-20 (N.J. June 10, 2021)
NJBenefits you already got

In a lawsuit, other benefits that duplicate the award are deducted, less premiums paid. Workers' comp and life insurance aren't.

Source: N.J.S.A. 2A:15-97
NJPain and suffering

New Jersey jurors are told the law gives them no table, schedule or formula for it. So we don't offer a pain and suffering calculator.

Source: Model Civil Jury Charge 8.11E (revised May 2017)

Partly at fault? How the cut works

Falls often turn on fault: where you were looking, your shoes, the warning signs. Here's what the same example claim comes to at different shares. It's an example, not a value for anyone's claim.

What a $100,000 claim comes to at each share of fault
Your share of the faultA $100,000 claim becomes
0%$100,000
25%$75,000
50%$50,000
51%$0, nothing
Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

NJThe deadlines

  1. Sue a business or homeowner, in generalN.J.S.A. 2A:14-2(a)2 years after the injury
  2. A claim against a public entityN.J.S.A. 59:8-8Notice within 90 days
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

What is the average slip and fall settlement?

No public source reports one, because most claims settle privately. In a national count of state court trials in 2005, people who won premises liability cases got a median award of $98,000. They won 38.4% of those trials.

How much is a slip and fall settlement in New Jersey?

No public New Jersey average exists. What usually shapes it: proof the owner knew of the hazard or should have found it, your share of the fault, and who owns the property. Against a public entity, pain and suffering is limited.

Can I get a settlement if I was partly at fault for my fall?

In New Jersey, your recovery drops by your share of the fault. Above 50% at fault, you recover nothing.

Who is responsible for snow and ice on a sidewalk in New Jersey?

A business owner may have to clear the public sidewalk beside it, generally within a reasonable time after the storm ends. A homeowner generally doesn't, unless they made the hazard worse.

Do other benefits reduce a fall award in New Jersey?

In a lawsuit, benefits from other sources that duplicate the award are deducted from it, less premiums paid for that period. Workers' comp and life insurance aren't deducted.

Is there a slip and fall settlement calculator?

Not a real one. New Jersey jurors are told the law gives them no table, schedule or formula for pain and suffering. The amount is left to their judgment.

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