Do Most Slip and Fall Cases Settle Out of Court?

Yes. Very few injury cases end with a jury verdict: in California’s 2024–25 court year, about 98% of non-vehicle injury cases in unlimited civil court closed before trial, and under 1% ended with a jury (2026 Court Statistics Report). In California you generally have two years from the fall to sue (CCP 335.1), and only six months to file a claim against a public agency.

How many slip and fall cases go to trial?

No court counts slip and fall cases alone. The closest official numbers group falls with other injury cases that do not involve a vehicle, and none of them predicts how your case will end.

In California’s Table 5d, “before trial” includes dismissals, summary judgments and transfers. The Texas report has no “settled” column; settled cases usually close as a dismissal by the plaintiff (5,289) or an agreed judgment (1,672). The Washington report lists no data for King County, the state’s largest court.

The most detailed national study of premises trials is older. The Bureau of Justice Statistics studied tort trials in a national sample of state courts in 2005: in courts that reported all their closed cases, trials were about 4% of tort cases closed, premises liability made up about 11% of tort trials, and plaintiffs won 38.4% of the premises trials that were decided (BJS, NCJ 228129). That win rate describes cases that reached a verdict more than twenty years ago and says nothing about any one person’s chances.

Why do most slip and fall cases settle?

Both sides face real risk at trial, and a settlement removes it. The injured person has to prove the property owner was at fault, and the owner’s insurer has to weigh what a jury might award.

In California, the person who fell must show that the defendant owned or controlled the property, was negligent in using or maintaining it, and that the negligence was a substantial factor in causing harm (CACI 1000). Negligence means a condition created an unreasonable risk, the owner knew or should have known about it, and failed to fix it, guard against it or warn (CACI 1003). “Should have known” usually turns on whether the hazard was there long enough that reasonable inspections would have found it (CACI 1011).

Texas is strict about that timing proof. In April 2026 the Texas Supreme Court reinstated a judgment for a grocery store because the shopper had no evidence of how long a puddle had been on the floor (H-E-B, LP v. Peterson). In Washington, the duty depends on why the person was there: business visitors are owed reasonable inspection and repair, while social guests are owed a warning of hidden dangers the owner knows about (Tincani v. Inland Empire Zoological Society).

When the evidence lines up, insurers often pay to avoid a trial. When it does not, a lawsuit may be needed before a fair offer arrives.

When does a slip and fall case go to trial?

Cases tend to go to trial when the two sides read the evidence very differently. Common sticking points are whether the owner had notice, how much the injured person’s own carelessness contributed, and whether the injuries came from the fall or from an older condition.

Shared fault changes the math in every state:

• California: the injured person’s damages are reduced by their percentage of responsibility, but they can still recover (CACI 405).
• Texas: a person found more than 50% responsible recovers nothing, and anyone at 50% or less has damages reduced by their share (CPRC chapter 33).
• Washington: the injured person’s fault reduces the award proportionally and never bars recovery (RCW 4.22.005).

Comparative fault came up often in premises verdicts. In the 2005 BJS study, about 41% of winning plaintiffs in premises trials had their awards reduced for their own negligence.

How does mediation help a fall case settle?

In mediation, a neutral mediator helps both sides try to reach an agreement. The mediator does not decide the case, and nothing is binding until both sides sign.

California makes mediation statements and documents inadmissible and confidential (Evidence Code 1119). Texas courts may refer a pending case to mediation, keep its communications confidential and enforce a signed settlement like a contract (CPRC chapter 154). Washington follows the Uniform Mediation Act, which gives the parties a privilege to block disclosure of mediation communications (RCW 7.07.030). See whether mediation is binding.

What happens if I turn down a settlement offer?

Some formal offers carry a cost if you reject them and do worse at trial. In California, a written offer under CCP 998 stays open until trial or for 30 days, whichever comes first. If a plaintiff rejects the defense offer and the judgment is not more favorable, the plaintiff loses post-offer costs, pays the defendant’s costs from that date and may be ordered to pay the post-offer fees of the defense’s hired witnesses. The rule also works the other way when a defendant rejects a plaintiff’s offer.

Example only: a store offers $40,000 under CCP 998, the shopper declines, and the jury awards $30,000. The shopper could owe the store’s post-offer costs. The facts and the court decide.

Texas has a similar procedure that applies only after a defendant files a declaration. A claimant who rejects an offer and recovers less than 80% of it can be charged the other side’s post-rejection costs, limited to the amount recovered (CPRC chapter 42).

What deadlines apply, including falls on public property?

The filing deadline does not pause while you negotiate.

• California: two years to sue (CCP 335.1; see California Courts). A fall on public property requires a claim within six months (Gov. Code 911.2), proof of a dangerous condition under Gov. Code 835, and a lawsuit within six months after a written rejection (Gov. Code 945.6).
• Texas: two years to sue (CPRC 16.003). A government unit must get notice within six months, and for most premise defects it owes only the duty owed to a licensee (CPRC chapter 101).
• Washington: three years to sue (RCW 4.16.080). A claim against a city or county must be presented 60 days before suing (RCW 4.96.020); claims against the state go to the Office of Risk Management (RCW 4.92.110).

What to do now

1. Get medical care and follow the treatment plan.
2. Write down where you fell, what was on the floor and who saw it.
3. Ask the business in writing to keep its video and incident report.
4. Keep your shoes and clothing as they were.
5. Find out who owns the property, and whether it is public.
6. Do not give a recorded statement to the owner’s insurer before getting advice.
7. Talk to a lawyer well before the claim deadline.

Talk to us about your fall

If you were hurt in a fall and want to know whether your case is likely to settle, call Beverly Law at (310) 552-6959 for a free, confidential case review in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · Store slip and fall lawyer · Is mediation legally binding in a personal injury case? · How long does a car accident lawsuit take? · Dangerous condition of public property in California · Law Blog

Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-13.