How damages are usually measured

Claims against owners and operators for injuries on commercial property are valued like other injury claims (medical costs, lost earnings, pain and suffering), adjusted for whether the owner knew or should have known of the hazard, the injured person's own share of fault under the state's comparative-fault rule, and the state's rules on security and open-and-obvious conditions.

General background, not legal advice; the rules vary by state and by the documents in your deal.

What the calculator asks about

These are the facts it pulls from your description or documents for a premises liability claim against a commercial property:

  • State where the injury occurred
  • Medical specials incurred/anticipated
  • Lost wages claimed
  • Injury severity
  • Is this a slip-and-fall / hazardous-condition claim?
  • has actual or constructive notice of the hazard been proven?
  • does the hazard fit a self-service business's own operating method?
  • Is inadequate/negligent security (third-party criminal act) alleged?
  • were there prior similar criminal incidents on the property or in its immediate vicinity?
  • Is negligent maintenance / structural failure alleged (railing, stairs, elevator, etc.)?

How it did on real cases

In CREdocket's published backtest (v4.3), the calculator's range contained the final outcome in 0 of 2 premises liability claim against a commercial property cases, and in 17 of 32 cases across all categories. Each case below was run through the live calculator on a verbatim excerpt of the court's statement of facts and each side's contentions, with every sentence stating an award, finding or holding removed, then scored against the final result after any appeal.

  • Georgia CVS Pharmacy, LLC (store injury claim)

    Court of Appeals of Georgia · Nov 8, 2021 · analyzed for the injured party / claimant
    Calculator range: $435K – $726K Final outcome: $42.75M Outside the range

    Read the decision ↗

  • An injured guest v. Eldorado Casino Shreveport Joint Venture, L.L.C.

    Louisiana Court of Appeal, Second Circuit · Jan 16, 2019 · analyzed for the injured party / claimant
    Calculator range: $161K – $756K Final outcome: $1.43M Outside the range

    Read the decision ↗

Full backtest results and method →

Case Value Calculator · free beta

Get a range for your own premises liability claim against a commercial property

Describe both sides' positions, or upload the lease, loan documents, pleadings or appraisals. The estimate needs both sides' facts; a one-sided complaint alone is not enough to value a case. Sign-in is email only.

Open the calculator

Recent cases we're tracking

Estimates are probability-weighted ranges from the facts you provide, not a prediction of any court's ruling and not legal advice.