Can you get funding on a slip and fall case?
Yes, if you have an attorney and the property owner's negligence caused your fall. Slip and fall claims qualify for non-recourse pre-settlement funding. Because fault is often disputed in these cases, funding helps you stay afloat while your attorney builds proof. You owe nothing if the case loses.
Key facts
- These are premises liability claims, governed by what the owner knew.
- Fault is contested more often than in car accidents.
- Surveillance footage and maintenance logs are key evidence.
- Commercial-property cases tend to have stronger funding terms.
- Non-recourse: no repayment without a recovery.
Why these cases are harder than they look
A wet floor by itself isn't a case. The law generally asks whether the owner knew, or should have known, about the hazard and failed to fix it or warn you. A spill that's been on the floor for two minutes is different from one that sat for two hours while three employees walked past. Establishing that timeline is the whole game, and it's why slip and fall claims move slower than auto cases.
The evidence your attorney is chasing
An incident report filed the day it happened, with witness names. Photos of the actual hazard and the conditions around it. Surveillance footage, which often gets recorded over within days or weeks, so it has to be requested fast. Maintenance and inspection logs that show whether anyone was actually watching the floor. Prior complaints about the same spot are powerful, because they prove the owner already knew.
If you haven't told your attorney about footage or an incident report yet, do it now. That window closes.
Strong files and weak files
Strong: a commercial property, documented notice of the hazard, a serious injury, a clear safety violation. Weak: an open-and-obvious danger you arguably should have avoided, no incident report, gaps in your medical treatment. Honest funders will tell you which side of that line you're on. We'd rather decline a thin case than put you in an advance that doesn't make sense.
The comparative-fault wrinkle
Premises cases often turn into a fight over how much fault is yours. Most states reduce your recovery by your percentage of blame. A handful are far stricter, and in those states even a small share of fault can wipe out the claim. Underwriting reads your state's rule before valuing the case. Our slip and fall funding guide has more.
Frequently asked questions
Liability is usually disputed. Your attorney has to prove the owner knew about the hazard, which means gathering footage, logs, and witness accounts. That investigation takes time.
It's harder but not impossible. An incident report strengthens the case considerably. Without one, underwriting leans more heavily on other evidence like footage and witnesses.
Sometimes, if the homeowner has insurance and was negligent. Cases against commercial properties and landlords tend to be more straightforward.
Yes, though northern states have specific rules about 'natural accumulation' that require evidence on timing and the owner's response.