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Premises Liability (Slip and Fall)
Premises Liability (Slip and Fall)
Gabriel Stiritz avatar
Written by Gabriel Stiritz
Updated over 2 months ago

Overview

Premises liability cases, particularly slip-and-fall claims, are among the most common referral opportunities for personal injury firms. While many firms handle basic premises cases, complex claims involving serious injuries or challenging liability often benefit from specialist handling. Common scenarios include commercial property accidents, inadequate security cases, retail store injuries, and apartment complex injuries.

Premises liability makes an excellent referral opportunity because:

  • Cases are frequent and consistently available

  • Liability often hinges on specialized knowledge of property management

  • Many involve commercial insurance with substantial coverage

  • Larger property owners often have multiple prior incidents

  • Cases may involve multiple defendants (owner, manager, maintenance)

  • Complex notice issues require specialized discovery approaches

  • Expert testimony requirements favor experienced handlers

Screening Criteria

Statute of Limitations

  • Most states: 2-3 years

  • Government entities often require notice within 60-180 days

  • Some states distinguish between residential/commercial properties

  • Claims against municipalities may have shorter periods

Referral Intake Screening Questions

  • Where exactly did the incident occur?

  • What caused you to fall/get injured?

  • Was there a hazardous condition? Describe it.

  • How long had the condition existed?

  • Were there any warning signs or barriers?

  • Did anyone witness the incident?

  • Was an incident report created?

  • Did you take photos of the condition?

  • What type of shoes were you wearing?

  • What were you doing just before the incident?

  • Did the property owner/manager acknowledge the hazard?

  • Have there been similar incidents at this location?

Major Disqualifiers

  • No clear hazardous condition

  • Open and obvious conditions

  • Minimal injuries (soft tissue only)

  • No documentation of the condition

  • Contributory negligence in strict jurisdictions

  • Property owner not identified

  • Natural accumulations in some jurisdictions

  • Trespassing at time of injury

  • No evidence of notice to property owner

Typical Signup Rate

  • 20-25% of screened cases proceed to representation

  • Higher rates (30%+) for commercial properties

  • Lower rates (15%) for residential claims

  • Significantly higher rates when photos exist

Fee Structure

Typical Contingency Percentages

  • 33-40% standard contingency

  • Higher percentages if litigation required

  • Cost advances usually required

  • May increase based on case complexity

Referral Fee Ranges

  • 25% of fee is standard

  • Up to 33% for pre-worked cases

  • Some firms offer scaled fees based on case stage

  • Higher splits available for multiple referrals

Pro Tip: Focus on serious injuries at commercial properties where the hazard is documented. Cases with incident reports, surveillance video, or photographs of the condition are particularly valuable. Multiple prior incidents at the same location significantly increase case value.

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