A motion for summary judgment is the defendant's attempt to end your case before trial by arguing there are no real facts in dispute—and that even if everything you say is true, the law is on their side.
When a property owner or business is sued for a premises injury, they don't have to wait for a jury trial. Their lawyer can file a motion for summary judgment, which asks the judge to dismiss the case early. The motion says: "Your Honor, even accepting the plaintiff's version of events, they cannot win under the law." If the judge agrees, your case ends without a trial. If the judge denies it, the case moves toward trial.
This motion is not a judgment on the facts—it's not the judge deciding whether you're telling the truth. It's a legal argument that even if you are telling the truth, you haven't shown enough to hold the defendant responsible. Understanding what this motion is, when it arrives, and how to respond to it is critical because it can end your case if you're not prepared.
Key Takeaways
- A motion for summary judgment asks the judge to dismiss your case without a trial, claiming no reasonable jury could find the defendant liable even if your facts are true.
- The defendant must show that you cannot prove one of the four elements of premises liability: duty, breach, causation, or damages.
- You have a limited time—usually 14 to 21 days depending on your state—to file a written response opposing the motion.
- Your response must include evidence: witness statements, photos, medical records, and informed declarations that contradict the defendant's legal argument.
- If the judge denies the motion, your case proceeds to trial; if granted, you may have the right to appeal, but the case is effectively over at the trial court level.
When and why defendants file this motion
The defendant's lawyer typically files a motion for summary judgment after discovery—the period when both sides exchange documents, medical records, photos, witness statements, and answers to written questions. By that point, the defendant knows what evidence you have and what you're claiming happened. If they believe your evidence is too weak to prove liability, they file the motion.
Timing varies by court and state. In federal court, the motion usually comes after discovery closes but before trial. In state court, it may come earlier or later depending on local rules. Your lawyer will receive a copy and a important date to respond—typically 14 to 21 days, though some courts allow longer.
The defendant files this motion because it's cheaper and faster than going to trial. If it succeeds, they avoid a jury verdict entirely. Even if it fails, it forces you to show your hand—to reveal the evidence you plan to use at trial—which helps them prepare their defense.
The legal standard: what the defendant must prove
The judge does not decide who is telling the truth. Instead, the judge asks: "Is there a genuine dispute of material fact that a jury should decide?" If the answer is yes, the motion is denied and you go to trial. If the answer is no—if the facts are so one-sided that only one outcome is possible under the law—the motion is granted and the case ends.
To win a motion for summary judgment in a premises liability case, the defendant must show that you cannot prove at least one of the four elements: (1) the defendant owed you a duty of care, (2) the defendant breached that duty, (3) the breach caused your injury, or (4) you suffered damages. If you can show evidence on all four, the motion should fail.
For example: if you slipped on a wet floor in a grocery store, the store owes you a duty to keep the floor reasonably safe. If the store knew about the spill for an hour and did nothing, that's a breach. If the spill caused you to fall and break your arm, that's causation. If you have medical bills and lost wages, that's damages. The defendant might argue they didn't know about the spill, or that you were careless and should have seen it. Those are factual disputes—the jury's job, not the judge's.
How to respond to the motion
Your response is a written document filed with the court, usually called an "opposition" or "response to motion for summary judgment." It must be filed by the important date the court sets. Missing the important date can result in the judge granting the motion by default, so mark it on your calendar and confirm the date with your lawyer.
Your response should include two parts: a legal argument and evidence. The legal argument explains why the defendant has not met their burden—why there are still genuine disputes of fact that only a jury can resolve. The evidence is the hard part: you must attach documents, photographs, medical records, deposition excerpts (testimony given under oath before trial), and sworn statements from witnesses or experts that contradict the defendant's claims.
For instance, if the defendant argues they had no notice of the hazard, your response might include a witness statement from another customer who reported the spill to an employee 30 minutes before you fell, or a store policy document showing that floors are supposed to be checked every 15 minutes. If the defendant argues you were careless, you might include an informed statement explaining that the spill was not visible from a normal walking angle, or that the lighting in that area was inadequate.
Do not rely on your own testimony or arguments alone. The judge will not accept your word that you're telling the truth. You need documents and sworn statements that show a reasonable jury could believe your version of events.
What happens if the judge denies the motion
If the judge denies the motion, you move forward to trial. The case is not over. The defendant's motion failed because the judge found that genuine disputes of fact exist—meaning a jury should hear the evidence and decide who is right. You and your lawyer will prepare for trial, which may happen weeks or months later depending on the court's schedule.
A denial is a good sign, but it is not a win. It means you've cleared a hurdle, but the jury still has to find the defendant liable. The defendant will continue to argue their version of events at trial, and the jury might believe them. However, you have survived the defendant's attempt to end the case early, and you have the chance to present your evidence to a jury.
What happens if the judge grants the motion
If the judge grants the motion for summary judgment, your case is dismissed. The defendant wins without a trial. This is a final judgment at the trial court level, meaning you have lost the case in that court.
However, you may have the right to appeal—to ask a higher court to review the judge's decision. An appeal is not a new trial. Instead, appellate lawyers argue that the judge made a legal error in interpreting the law or in deciding whether genuine disputes of fact existed. Appeals are expensive, take a long time (often a year or more), and succeed only if the appellate court finds a clear legal mistake. Your lawyer can advise you on whether an appeal is worth pursuing based on the judge's reasoning and the strength of your evidence.
Common arguments defendants make in these motions
Defendants in premises liability cases often argue that they had no notice of the hazard. They claim they didn't know the floor was wet, the railing was loose, or the lighting was broken, and therefore they had no duty to fix it. Your response must show evidence that they did know, or that they should have known through reasonable inspection.
Another common argument is that you were careless—that you should have seen the hazard and avoided it. This is called comparative negligence. Even if the defendant was negligent, some states reduce your recovery based on your own carelessness. The defendant argues that your carelessness was so obvious that no jury could find them liable. Your response must show that the hazard was not reasonably visible or avoidable, or that the defendant's negligence was so much greater than yours that a jury should still hold them responsible.
Defendants also argue that their actions did not cause your injury—that you fell for some other reason, or that your injury was pre-existing. Your response should include medical records and informed testimony showing that the hazard directly caused your injury and that you had no prior condition that would have caused the same harm.
Working with your lawyer on this motion
If you have a lawyer, they will handle the motion and the response. However, you play an important role: you must provide them with all evidence you have—photos, witness contact information, medical records, receipts for expenses, and a detailed account of what happened. The stronger your evidence, the stronger the response.
If you do not have a lawyer, you can file a response yourself, but this is difficult. The motion is a legal document that requires knowledge of court rules and evidence law. Many courts have self-help centers or legal aid organizations that can point you toward resources, though they cannot represent you. Some lawyers offer free consultations and may take your case on contingency, meaning they are paid only if you win or settle.
Ask your lawyer what evidence they need from you, what the defendant is arguing, and what your chances are of defeating the motion. A good lawyer will be honest about the risks and will explain the next steps clearly.
Frequently Asked Questions
Can I lose my case before trial if the judge grants this motion?
Yes. A granted motion for summary judgment is a final judgment in the trial court, meaning your case is dismissed and you lose. You may appeal, but appeals are expensive and rarely succeed. This is why responding to the motion thoroughly is critical.
What if I don't have a lawyer and can't afford one?
Contact your local legal aid society or bar association for referrals to lawyers who work on contingency or offer free consultations. Many courts also have self-help centers. You can file a response yourself, but it is risky without legal knowledge.
How long do I have to respond to the motion?
The court will specify the important date in the notice of motion, typically 14 to 21 days. Some courts allow longer if you request an extension. Do not miss this important date—it can result in automatic dismissal of your case.
Does the defendant have to prove I'm lying, or do I have to prove they are?
Neither. The defendant must show that even if your version of events is true, you cannot win under the law. You must show evidence that contradicts their legal argument—that genuine disputes of fact exist that a jury should decide.
What if the judge denies the motion but I'm worried about trial?
Talk to your lawyer about settlement. Many cases settle after a motion for summary judgment is denied, because both sides now know the judge thinks the case should go to a jury. Your lawyer can advise you on whether settling makes sense given your evidence and the defendant's offer.