What is the Average Premises Liability Settlement—and Why That’s the Wrong Question

If you’ve been injured on someone else’s property—whether in a slip and fall, a stairwell collapse, or due to negligent security—it’s only natural to wonder:

“What’s the average premises liability settlement?”

It’s a question we hear often at The Higgins Firm. And while it seems straightforward, the reality behind premises liability settlements is anything but average. If we could just give everyone a “fair number” when they call we would but there are so many factors that go into valuing a case.

Let’s unpack what actually matters—and why your case should never be reduced to a number pulled from a headline or forum.

Why There’s No Meaningful “Average” Settlement in Premises Liability

Premises liability claims are deeply fact-specific. A slip-and-fall in a grocery store isn’t the same as a trip over uneven flooring at a rental property. A security failure at a hotel isn’t in the same legal category as an unmarked hazard at a public park.

So when people ask about “average” settlements, here’s what they’re really asking:

• What determines how much compensation someone might receive?
• What kinds of injuries typically lead to a financial recovery?
• What role does the property owner’s negligence play?

The answer depends not on an average—but on evidence, legal standards, and the full impact of your injuries.

How Tennessee Law Handles Premises Liability

Tennessee premises liability claims are governed under Title 29, Chapter 34 of the 2024 Tennessee Code. These laws shape everything from who can sue to how much they might recover.

1. Property Owners Owe Different Duties Based on Your Legal Status

Tennessee law distinguishes between:

• Invitees (such as shoppers or tenants)
• Licensees (like social guests)
• Trespassers (including children drawn to hazardous areas)

Under § 29-34-208, landowners owe minimal duties to trespassers—unless they willfully cause harm or maintain unsafe conditions likely to harm children. For lawful visitors, the property owner must:

• Regularly inspect the premises
• Repair or warn of known dangers
• Take reasonable steps to prevent foreseeable harm

Whether the owner failed in these duties is the core of any premises liability case.

2. Tennessee Uses Modified Comparative Fault

If you were partially responsible for your injury (say, by not watching where you were walking), that doesn’t bar recovery—but it could reduce it.

Under Tennessee’s modified comparative fault rule (50% bar rule):

• You can recover damages if you’re less than 50% at fault
• Your settlement is reduced by your percentage of fault

This is why documentation—like incident reports, witness statements, and medical records—is critical. The stronger your case, the less likely you are to be unfairly blamed.

What Actually Impacts a Premises Liability Settlement?

At The Higgins Firm, we don’t talk about averages. We talk about value drivers.

Here’s what we evaluate when determining potential settlement ranges:

1. The Severity of the Injury

Cases involving catastrophic injuries—such as traumatic brain injuries, spinal cord damage, or permanent disfigurement—naturally carry higher financial consequences than a sprained wrist or bruised hip.

We consider:

• Immediate and long-term medical needs
• Surgeries, rehabilitation, and assistive devices
• Pain and suffering over time
• Whether the injury limits your ability to work or live independently

2. Clear Liability (or Lack Thereof)

The more obviously a property owner failed to maintain safe conditions—and the more preventable the injury—the stronger the claim.

A premises liability case supported by:

• Video surveillance
• Previous incident reports
• Evidence of code violations or ignored repairs

… is far more compelling than one based on a vague allegation.

3. Insurance Coverage and Policy Limits

Even if the injury and liability are clear, the final settlement often depends on how much coverage the property owner carries. Premises liability settlements are frequently negotiated with insurance carriers—and coverage caps can shape the outcome.

This is why our team conducts early, aggressive discovery and coverage analysis in every case.

Types of Premises Liability Cases We Commonly Handle

Premises liability isn’t limited to “slip and falls.” At The Higgins Firm, we represent clients in a wide range of claims, including:

• Negligent security (injuries from assaults on commercial property)
• Unsafe stairways and walkways
• Trip hazards in poorly maintained parking lots
• Swimming pool accidents
• Falling merchandise in retail stores
• Elevator/escalator malfunctions
• Injuries from fire code violations or building code breaches

Each of these requires a different legal approach—but they all stem from the same legal principle: Property owners have a duty to make their premises reasonably safe.

Real-World Data

While we’re not using invented stories or average numbers, credible legal research and public records show that:

• Premises liability cases can resolve for anything from a few thousand dollars to several million—depending entirely on context
• Tennessee courts apply fact-driven analyses, with juries weighing reasonableness, foreseeability, and comparative fault
• Verdicts are more likely to favor plaintiffs when there’s clear proof the hazard had existed for some time without being fixed

In other words, your case isn’t defined by numbers on a website—it’s shaped by what actually happened and what we can prove.

How to Strengthen Your Premises Liability Claim

Whether you slipped on wet floors at a store or fell down a poorly lit stairwell at an apartment complex, here’s what you can do to protect your rights:

1. Report the Incident Immediately
   File a written incident report with the property manager or owner as soon as possible.
2. Seek Medical Attention
   Even minor injuries can escalate. Prompt care also creates a medical paper trail, which supports your claim.
3. Document the Scene
   Take photos or videos of the hazard, your injuries, and the surrounding area before it’s cleaned or altered.
4. Identify Witnesses
   Names and contact information from people who saw the incident—or knew of the hazard—can be invaluable.
5. Contact a Premises Liability Attorney
   Premises liability cases are often denied or devalued by insurers without experienced legal representation. Get guidance before giving statements or signing anything.

Why Work With The Higgins Firm?

We’ve represented injury victims across Nashville and Middle Tennessee for decades. What sets us apart in premises liability cases is our ability to:

• Uncover safety violations and patterns of negligence
• Work with engineers and medical professionals to support your case
• Deal directly with insurance companies to demand full compensation
• Prepare every case for trial—because strong cases settle, but weak ones settle cheap

We’re not interested in rushing to an “average” result. We’re here to pursue the maximum value of your unique case.

Your Case Is Not a Statistic

It’s easy to fall into the trap of comparing your injury to someone else’s, or Googling “average premises liability settlement” and expecting a calculator to give you an answer.

But your injury wasn’t average. Your case won’t be, either.

At The Higgins Firm, we look at the full picture—your health, your losses, your future—and fight for a result that reflects all of it.

Ready to understand what your case might really be worth?

Contact us today for a free, no-pressure consultation with a Nashville premises liability attorney.