DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, State ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[Claims Representative Name / General Counsel]
[Property Owner / Management Company / Insurance Company Name]
[Street Address]
[City, State ZIP]
RE: PREMISES LIABILITY DEMAND - SLIP AND FALL
Our Client: [Client Full Name]
Date of Incident: [Date of Fall]
Location of Incident: [Full Address of Property]
Property Owner: [Property Owner Name]
Property Manager: [Management Company Name, if applicable]
Claim Number: [Claim Number, if assigned]
Dear [Recipient Name]:
This firm represents [Client Name] ("Claimant") for injuries sustained on [Date of Incident] at premises owned and/or controlled by your insured/client, located at [Property Address]. This letter constitutes our formal demand for settlement and provides a comprehensive analysis of liability, our client's injuries, and damages.
I. PRESERVATION OF EVIDENCE - LITIGATION HOLD NOTICE
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this incident and the subject premises, including but not limited to:
☐ All surveillance video footage from the date of incident (interior and exterior cameras)
☐ Surveillance footage from 48 hours before and after the incident
☐ Incident/accident reports prepared by employees or management
☐ Witness statements taken at the time of incident
☐ Maintenance logs and repair records for the area of the fall
☐ Inspection records and checklists for the date of incident and prior 12 months
☐ Cleaning schedules and logs
☐ Weather records and reports from the date of incident
☐ Prior complaints regarding the hazardous condition
☐ Prior incidents or falls at the same or similar location
☐ Work orders and maintenance requests for the area
☐ Photographs of the incident location
☐ Written policies and procedures for maintenance, inspection, and safety
☐ Training records for employees responsible for premises safety
☐ Lease agreements (if applicable)
☐ All communications regarding the incident
☐ Insurance policies applicable to this claim
FAILURE TO PRESERVE THIS EVIDENCE WILL RESULT IN CLAIMS OF SPOLIATION, REQUESTS FOR ADVERSE INFERENCE INSTRUCTIONS, AND SEPARATE CAUSES OF ACTION FOR INTENTIONAL OR NEGLIGENT DESTRUCTION OF EVIDENCE.
II. STATEMENT OF FACTS
A. The Premises
The incident occurred at [Property Address], which is [describe property type - e.g., "a retail shopping center," "a grocery store," "a restaurant," "an apartment complex," "an office building," "a hotel," etc.]. At all relevant times, [Property Owner Name] owned, operated, possessed, maintained, and/or controlled the subject premises.
[If property manager involved:]
[Management Company Name] was responsible for the day-to-day management, maintenance, inspection, and safety of the premises pursuant to [a management agreement / lease terms].
B. The Hazardous Condition
On the date of the incident, a dangerous and hazardous condition existed on the premises, specifically: [Describe the hazardous condition in detail - examples below]
[CUSTOMIZE BASED ON TYPE OF HAZARD:]
☐ Wet/Slippery Floor: A liquid substance [water / spilled merchandise / cleaning solution / grease / ice / snow melt] was present on the floor in the [specific location], creating an extremely slippery and dangerous walking surface. There were no warning signs, cones, or barriers in place to alert customers to this hazard.
☐ Uneven Walking Surface: A raised or uneven section of [flooring / sidewalk / parking lot / threshold / carpet] created a tripping hazard. The elevation change was [describe height differential] and was not marked, repaired, or remediated.
☐ Defective Stairs/Steps: The [stairway / steps] at [location] were defective and dangerous due to [describe defect - e.g., "missing handrail," "broken step," "inadequate lighting," "non-compliant riser heights," "worn tread nosing," etc.].
☐ Inadequate Lighting: The [location] was inadequately lit, obscuring the hazardous condition and preventing our client from observing the danger.
☐ Foreign Object/Debris: [Describe object - e.g., "merchandise," "food product," "packaging," "debris"] was present on the floor, creating a tripping hazard.
☐ Ice/Snow Accumulation: Snow and/or ice had accumulated at [location] and had not been properly cleared, salted, or remediated despite adequate time to do so following the precipitation event.
☐ Structural Defect: A structural defect in [describe defect] created an unreasonably dangerous condition.
C. The Incident
On [Date of Incident], at approximately [Time], our client was [describe what client was doing - e.g., "shopping at the premises," "visiting as a guest," "entering the building," "walking through the parking lot," etc.] when [describe the fall]:
[Detailed narrative of the incident - e.g., "While walking down aisle 7 of the grocery store, our client stepped on a clear liquid substance that had pooled on the floor. The liquid caused our client's feet to slide out from under [him/her], and [he/she] fell violently to the ground, striking [his/her] [body part] on the hard floor surface."]
Our client [did / did not] observe the hazardous condition prior to the fall. [If client did not observe: "The hazard was not visible due to [the nature of the substance / inadequate lighting / the fact that it blended with the floor surface / etc.]."]
D. Response to the Incident
[Describe what happened after the fall:]
Following the fall, [describe response - e.g., "store employees approached our client," "an incident report was prepared," "emergency medical services were called," "photographs were taken," "management refused to provide information," etc.].
[If incident report was prepared:] An incident report was prepared, which we understand is in your possession. We demand production of this report as part of this demand.
[If witnesses:] The incident was witnessed by [describe witnesses if known].
III. LIABILITY ANALYSIS
A. Duty of Care
[Property Owner Name] owed our client, a [business invitee / licensee / tenant / guest], the duty to maintain the premises in a reasonably safe condition. This duty includes:
For Business Invitees (highest duty):
1. A duty to inspect the premises to discover dangerous conditions
2. A duty to remove, repair, or warn of any dangerous conditions
3. A duty to conduct operations on the premises with reasonable care
4. A duty to anticipate foreseeable uses of the premises and guard against hazards
[STATE-SPECIFIC: Modify based on jurisdiction's classification of entrants and corresponding duties]
B. Breach of Duty - Theories of Liability
Property owners and operators breach their duty of care when they:
1. Actual Knowledge (Mode of Operation)
[If evidence of actual knowledge:]
Your insured had actual knowledge of the hazardous condition that caused our client's fall. This is established by:
☐ Prior complaints about the same condition
☐ Prior incidents/falls at the same location
☐ Employee acknowledgment of awareness
☐ The condition was created by defendant's employees
☐ [Other evidence of actual knowledge]
2. Constructive Knowledge (Notice)
Even absent actual knowledge, your insured is liable based on constructive notice. The hazardous condition existed for a sufficient length of time that, in the exercise of reasonable care, it should have been discovered and remediated.
[Include evidence of constructive notice:]
☐ The nature/appearance of the condition suggests it existed for an extended period [e.g., "footprints tracked through the spill," "dirty/scuffed appearance," "accumulation size," etc.]
☐ Lack of evidence of recent inspections
☐ Inadequate inspection procedures
☐ [Time since last documented inspection]
3. Mode of Operation (Self-Service Establishments)
[For retail/grocery store cases:]
Under the mode of operation doctrine, self-service establishments that permit customers to handle merchandise have a duty to implement reasonable measures to protect against the foreseeable risk that merchandise will spill or fall. The property owner is deemed to have constructive notice of hazards that are foreseeable consequences of its mode of operation.
Your insured operated a [self-service grocery store / retail establishment] where customers regularly [handle merchandise / sample products / etc.]. The hazard that caused our client's fall was a foreseeable consequence of this business model, and your insured failed to implement reasonable protective measures such as:
☐ Adequate staffing to monitor and maintain aisles
☐ Regular and documented inspection protocols
☐ Prompt cleanup procedures
☐ Warning signs or barriers when hazards are present
☐ Floor mats or slip-resistant surfaces in high-risk areas
4. Negligent Maintenance
[If condition was structural/ongoing:]
The hazardous condition that caused our client's fall was the result of negligent maintenance. Your insured failed to:
☐ Properly maintain the [flooring / walkway / stairs / parking lot]
☐ Repair known defects in a timely manner
☐ Conduct regular inspections
☐ Respond to maintenance requests
☐ Comply with building codes and safety standards
C. Violation of Building Codes and Safety Standards
[If applicable:]
The hazardous condition violated applicable building codes and safety standards, including:
☐ [State/Local Building Code Section] - [Description]
☐ OSHA regulations - [Citation]
☐ ADA Accessibility Guidelines - [Citation]
☐ ANSI Standards - [Citation]
☐ Industry safety standards - [Citation]
Such violations constitute negligence per se or, at minimum, evidence of negligence.
D. Causation
The dangerous condition described above was the direct and proximate cause of our client's fall and resulting injuries. But for your insured's negligence in allowing this hazardous condition to exist, our client would not have fallen and would not have sustained the injuries detailed herein.
E. Comparative/Contributory Negligence Defense - Preempted
We anticipate your insured may attempt to assert comparative or contributory negligence. We reject this defense entirely:
☐ Our client was exercising reasonable care for [his/her] own safety
☐ The hazard was not open and obvious [explain why]
☐ Our client's attention was reasonably directed elsewhere [explain]
☐ The hazard was obscured by [inadequate lighting / the nature of the substance / etc.]
☐ Our client had no reason to anticipate the dangerous condition
[STATE-SPECIFIC: For contributory negligence states (AL, DC, MD, NC, VA), emphasize these points strongly]
IV. INJURIES AND MEDICAL TREATMENT
A. Immediate Injuries
As a direct and proximate result of the fall, our client sustained the following injuries:
Primary Diagnoses:
☐ [e.g., "Left hip fracture (femoral neck fracture)"]
☐ [e.g., "Left wrist fracture (distal radius fracture)"]
☐ [e.g., "Lumbar spine compression fracture"]
☐ [e.g., "Rotator cuff tear - right shoulder"]
☐ [e.g., "Traumatic brain injury / concussion"]
☐ [e.g., "Multiple contusions and abrasions"]
☐ [Additional diagnoses]
B. Emergency Treatment
On [Date of Incident], our client was [transported by ambulance to / taken to] [Hospital Name] Emergency Department, where [he/she] was evaluated, diagnosed, and treated for the above injuries.
Emergency Department Findings:
- [Describe diagnostic imaging and findings]
- [Describe treatment provided]
- [Describe discharge instructions and referrals]
C. Surgical Intervention (If Applicable)
Due to the severity of [his/her] injuries, our client required surgical intervention:
Procedure: [Describe surgical procedure]
Date: [Surgery Date]
Surgeon: [Surgeon Name, Facility]
Description: [Describe what was done]
D. Post-Surgical / Ongoing Treatment
Following [surgery / initial treatment], our client has undergone extensive treatment including:
Physical Therapy:
- Provider: [PT Provider Name]
- Duration: [Number] sessions over [timeframe]
- Treatment: [Describe PT protocol]
Orthopedic Follow-Up:
- Provider: [Orthopedist Name]
- Treatment: [Describe ongoing orthopedic care]
Pain Management:
- Provider: [Pain Management Specialist]
- Treatment: [Describe pain management protocol]
Other Specialists:
- [List other treating providers]
E. Current Status and Prognosis
[Describe current condition:]
Our client has [reached maximum medical improvement / continues to treat actively]. [He/She] experiences ongoing [symptoms/limitations]:
☐ Chronic pain in [location]
☐ Limited range of motion
☐ Difficulty with [activities]
☐ Need for assistive devices [cane, walker, wheelchair]
☐ Permanent hardware implantation
☐ [Other ongoing issues]
Prognosis:
[Dr. Name], our client's treating [specialist type], has opined that:
☐ Our client has a permanent impairment of [percentage] to [body part]
☐ Our client will require future [surgery / treatment]
☐ Our client will have lifelong limitations affecting [activities]
☐ Our client will require ongoing pain management
☐ [Other prognostic opinions]
V. DAMAGES
A. Past Medical Expenses
| Provider | Service Dates | Amount Billed |
|---|---|---|
| [Ambulance Service] | [Date] | $[Amount] |
| [Hospital - Emergency] | [Date] | $[Amount] |
| [Hospital - Inpatient] | [Dates] | $[Amount] |
| [Surgeon] | [Date] | $[Amount] |
| [Anesthesia] | [Date] | $[Amount] |
| [Orthopedist] | [Dates] | $[Amount] |
| [Physical Therapy] | [Dates] | $[Amount] |
| [Pain Management] | [Dates] | $[Amount] |
| [Diagnostic Imaging] | [Dates] | $[Amount] |
| [Prescription Medications] | [Dates] | $[Amount] |
| [Durable Medical Equipment] | [Dates] | $[Amount] |
| [Home Health Care] | [Dates] | $[Amount] |
| TOTAL PAST MEDICAL | $[Total] |
B. Future Medical Expenses
Based on the opinions of our client's treating physicians, future medical care will include:
| Future Treatment | Estimated Cost |
|---|---|
| [Future surgery] | $[Amount] |
| [Ongoing physical therapy] | $[Amount] |
| [Pain management] | $[Amount] |
| [Medication] | $[Amount] |
| [Assistive devices] | $[Amount] |
| [Home modifications] | $[Amount] |
| TOTAL FUTURE MEDICAL | $[Total] |
C. Lost Wages and Earning Capacity
Past Lost Wages:
Our client was unable to work from [Start Date] through [End Date]:
| Lost Wage Category | Amount |
|---|---|
| Gross Lost Wages | $[Amount] |
| Lost Overtime | $[Amount] |
| Lost Benefits | $[Amount] |
| Used PTO/Sick Leave | $[Amount] |
| TOTAL PAST LOST WAGES | $[Total] |
Future Lost Earning Capacity:
[If applicable - describe permanent impairment affecting ability to work]
| Future Loss Category | Amount |
|---|---|
| Reduced Earning Capacity | $[Amount] |
| Lost Career Advancement | $[Amount] |
| Vocational Rehabilitation | $[Amount] |
| TOTAL FUTURE LOST EARNINGS | $[Total] |
D. Household Services / Personal Care
Our client has required assistance with household tasks and personal care:
| Service | Duration | Cost |
|---|---|---|
| Household Help | [Period] | $[Amount] |
| Personal Care Assistance | [Period] | $[Amount] |
| TOTAL SERVICES | $[Total] |
E. Pain and Suffering / Non-Economic Damages
Our client has endured and continues to endure tremendous pain, suffering, and diminished quality of life:
Physical Pain:
- [Describe the nature and severity of pain experienced]
- [Describe impact on daily activities]
- [Describe sleep disturbance]
- [Describe dependence on pain medication]
Emotional Distress:
- [Describe depression, anxiety, frustration]
- [Describe fear of falling again]
- [Describe embarrassment and loss of dignity]
- [Describe impact on independence]
Loss of Enjoyment of Life:
- [Describe activities client can no longer perform]
- [Describe impact on hobbies and recreation]
- [Describe impact on family activities]
- [Describe impact on social relationships]
Permanent Disfigurement / Scarring:
- [Describe any permanent scarring or disfigurement]
Loss of Consortium (Spouse's Claim):
- [Describe impact on marital relationship]
F. Summary of Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| Household Services | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Loss of Consortium | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL DAMAGES | $[Grand Total] |
VI. SETTLEMENT DEMAND
A. Demand Amount
Based upon the clear liability of your insured, the severity of our client's injuries, and the substantial damages incurred, we hereby demand the sum of:
$[DEMAND AMOUNT]
[OR - Policy Limits Demand:]
TENDER OF THE FULL POLICY LIMITS OF $[AMOUNT]
B. Time for Response
This demand will remain open for [30] days from the date of this letter, through and including [Expiration Date].
Should you fail to respond to this demand within the specified time, or should you fail to make a reasonable offer in light of the clear liability and substantial damages, we will have no alternative but to file suit immediately.
C. Bad Faith Warning (If Applicable)
[For policy limits or excess exposure cases:]
Given that our client's damages clearly exceed available policy limits, your failure to tender limits exposes your insured to personal liability for any excess judgment. Such failure may constitute bad faith, subjecting your company to extracontractual liability. We urge you to properly advise your insured of this exposure and to act in good faith to protect your insured's interests.
VII. ADDITIONAL DEMANDS
In addition to monetary compensation, we demand:
☐ Immediate production of all surveillance video footage
☐ Production of all incident/accident reports
☐ Production of maintenance and inspection records
☐ Production of prior incident reports for the same location
☐ Disclosure of all applicable insurance policies and limits
VIII. GOVERNMENT ENTITY CLAIMS
[USE THIS SECTION ONLY IF DEFENDANT IS GOVERNMENT ENTITY]
[If claim involves government entity:]
Please be advised that this claim is against a [municipal / county / state / federal] entity. We have complied with all applicable notice requirements under [cite applicable tort claims act]:
☐ Tort Claim Notice filed on [Date]
☐ Notice served on [Entity Name and Address]
☐ [Number]-day notice period [has expired / expires on Date]
[Attach copy of tort claim notice as exhibit]
IX. DOCUMENTATION ENCLOSED
The following documents are enclosed in support of this demand:
☐ Complete medical records from all treating providers
☐ Itemized medical bills
☐ Photographs of the incident location
☐ Photographs of our client's injuries
☐ Incident report (if obtained)
☐ Employment records and wage verification
☐ Employer verification letter
☐ Expert reports (if applicable)
☐ Weather records (if applicable)
☐ Building code citations (if applicable)
☐ Prior incident history (if obtained through discovery)
☐ HIPAA authorizations
X. CONCLUSION
The evidence in this case establishes clear and indisputable liability on the part of your insured. The dangerous condition was either created by your insured or existed long enough that it should have been discovered and remediated. Our client, who was lawfully on the premises and exercising reasonable care, was seriously injured as a direct result of your insured's negligence.
The damages are substantial, well-documented, and life-altering. A jury in this jurisdiction would view this case favorably for our client and would likely award damages well in excess of our demand.
We urge you to give this matter serious and prompt attention. Resolution at this stage serves the interests of all parties.
I look forward to your response.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
[State Bar Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
[File]
PRE-SUBMISSION CHECKLIST
☐ Verified statute of limitations for premises liability in this jurisdiction
☐ Confirmed status of claimant (invitee, licensee, trespasser)
☐ Researched jurisdiction's approach to mode of operation doctrine
☐ Checked for government entity (tort claim notice requirements)
☐ Verified comparative/contributory negligence rules
☐ Confirmed damage caps (if any)
☐ Obtained all available medical records and bills
☐ Documented the hazardous condition with photographs (if possible)
☐ Investigated prior incidents at the same location
☐ Identified all potentially liable parties (owner, manager, tenant, contractor)
☐ Sent litigation hold / preservation letter
☐ Client has approved demand amount
This template must be customized for each specific case and jurisdiction. Premises liability law varies significantly by state. Always verify current law and consult with experienced local counsel.