By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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Notice is the fight in most fall cases
A fall on someone else’s property does not make the owner responsible by itself. The three states where Beverly Law practices each ask what the owner knew, in different ways:
- California. A store owner must have actual or constructive knowledge of the dangerous condition, and a jury may infer constructive notice when the site “had not been inspected within a reasonable period of time” (Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200).
- Texas. “There must be some proof of how long the hazard was there before liability can be imposed” (Wal-Mart Stores, Inc. v. Reece (Tex. 2002)).
- Washington. When a store’s methods of operation make unsafe conditions continuous or reasonably foreseeable, “there is no need to prove actual or constructive notice” (Pimentel v. Roundup Co., 100 Wn.2d 39 (1983)).
That is why sweep logs, store video and photos of the floor matter so much to a funder. Our FAQ on slip and fall evidence lists what to save, and a fall with no witnesses covers cases with little proof.
Fault can also be shared. Texas bars recovery when the injured person is more than 50 percent responsible (CPRC 33.001); our FAQ on comparative fault compares the three states. A funder pricing a fall case will ask how a jury might divide blame.
Who pays: stores that insure themselves, landlords and homeowners
In a car crash, the other driver’s policy limit often caps the claim. Large retailers work differently. Kroger, for example, says in its annual report for the fiscal year that ended January 31, 2026, that it uses “a combination of insurance and self-insurance” for risks that include “automobile and general liability,” and that it is liable for retention amounts on insured claims (Kroger Form 10-K). For a fall at a large chain, then, the company’s ability to pay is rarely the question. Whether the store is at fault is.
Falls at small businesses, rental buildings and private homes are different. There, the owner’s liability policy may be the main source of money, and its limit may not be known early. In California, once a suit is filed, a party may obtain discovery of the insurance agreement and “the nature and limits of the coverage” (CCP 2017.210). Our store fall pages cover claims against large retailers.
Falls on public property: short deadlines and caps
Falls on a city sidewalk, in a public building or on transit property follow special rules. A funder will usually ask whether these steps were taken on time, because a missed claim can end the case.
| State | First step against a public entity | Rule |
|---|---|---|
| California | Written claim within six months after the claim accrues | Gov. Code 911.2 |
| Texas | Notice to the governmental unit within six months after the incident; a city charter may set a shorter period | CPRC 101.101 |
| Washington | Claim presented to the local entity, then 60 calendar days before suing | RCW 4.96.020 |
Texas also caps what government defendants pay under its Tort Claims Act: $250,000 per person and $500,000 per occurrence for the state and for municipalities, and $100,000 per person and $300,000 per occurrence for other local units (CPRC 101.023). A funder will treat a cap like that as the ceiling on the claim. Our FAQ on the slip and fall deadline covers private and public deadlines in all three states.
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How long a fall case takes and what comes out of it
Fall cases often turn on documents the owner holds, so they may not settle until those records come out. Our FAQ on how long a slip and fall case takes covers the stages, and charges on most advances grow every month the case stays open. Emergency room bills, imaging and health plan claims usually come out of the settlement before the funder’s payoff; see funding and medical liens. If the case loses, a true non-recourse contract means you owe nothing, but check the default terms; see what happens if you lose.
What to ask before you sign
- What proof of notice do we have now, such as video, inspection logs or earlier complaints?
- Is the property owner a large company, a small business, a homeowner or a public entity?
- If it is a public entity, was the claim or notice filed on time, and is there a damages cap?
- How might fault be divided, and what does that do to the likely recovery?
- What will I owe if the case takes another 12 or 24 months?
Common questions
Why do funders treat fall cases differently from car crashes?
Liability is often disputed in a fall case, and the funder is paid only if the case recovers. Avraham and Sebok found that the funder they studied may obtain police, hospital and insurance reports before deciding (104 Cornell L. Rev. 1133); a fall often has no police report.
Does store video help me get an advance?
It can, if it shows the hazard and how long it was there. Ask your lawyer to request it early, before it is recorded over.
Can I get an advance on a fall at a city building?
Possibly, but the funder will want to know the government claim was filed on time. In Texas, the Tort Claims Act caps also limit what the claim can pay.
Will the funder pay my medical bills directly?
That depends on the contract. Some people ask a provider to treat on a lien instead; see alternatives to pre-settlement funding.
How much could I get?
That depends on the funder’s view of the case. Our page on how much you can get, the FAQ on whether a fall is worth suing over and the guide to lawsuit cash advances explain the factors. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Beverly Law does not offer or arrange lawsuit funding and receives no payment from funding companies. Beverly Law offers a free case review in English or Spanish at (310) 552-6959 if you have questions about your injury case. You owe no fees or costs unless we win.
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Related pages
Cash advance on a lawsuit · Laws by state · Injury law FAQs
Sources
- Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200 (scocal.stanford.edu)
- Wal-Mart Stores, Inc. v. Reece (Tex. 2002) (courtlistener.com)
- Pimentel v. Roundup Co., 100 Wn.2d 39 (1983) (courtlistener.com)
- Tex. Civ. Prac. & Rem. Code 33.001 (tcss.legis.texas.gov)
- The Kroger Co., Form 10-K for fiscal year ended Jan. 31, 2026 (sec.gov)
- Cal. Code Civ. Proc. 2017.210 (leginfo.legislature.ca.gov)
- Cal. Gov. Code 911.2 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code 101.101 and 101.023 (tcss.legis.texas.gov)
- RCW 4.96.020 (app.leg.wa.gov)
- Avraham & Sebok, An Empirical Investigation of Third Party Consumer Litigant Funding, 104 Cornell L. Rev. 1133 (2019) (publications.lawschool.cornell.edu)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.