Slip and Fall / Premises Liability Demand Letter - Universal

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

If relevant evidence is lost after a preservation duty arises, we will seek the remedies authorized by the governing jurisdiction. Available relief depends on the type of evidence, prejudice, culpability, and applicable procedural law; sanctions, adverse inferences, and independent tort remedies are not automatic and are not recognized uniformly.

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] [owned / occupied / possessed / controlled] the relevant area and owed our client, a [business invitee / licensee / lawful visitor / tenant / guest], the duty imposed by [cite controlling jurisdiction-specific authority]. Depending on the jurisdiction, claimant status, control, and facts, that duty may include reasonable inspection, maintenance, remediation, or warning.

Potential duty allegations (use only if supported by governing law and evidence):

1. Reasonable inspection of the area
2. Reasonable repair, remediation, or warning
3. Reasonable care in conducting operations on the premises
4. Reasonable precautions against foreseeable hazards

[JURISDICTION-SPECIFIC: Confirm whether the jurisdiction retains entrant classifications, uses a unified reasonable-care rule for some lawful entrants, or applies a statutory rule.]

B. Breach of Duty - Theories of Liability

Depending on the governing law and evidence, potential breach and notice theories include:

1. Actual Knowledge or Creation of the Condition

[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)

If recognized and supported in the jurisdiction, constructive notice may be shown by evidence that the hazardous condition existed long enough, or recurred with sufficient regularity, that reasonable care required discovery and response.

[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 or Recurring-Risk Doctrine (Only Where Recognized)

[For retail/grocery store cases:]

Some jurisdictions recognize a limited mode-of-operation or recurring-risk doctrine that may alter the ordinary notice showing when a hazard is closely connected to a self-service practice or recurring operational risk. Other jurisdictions reject the doctrine or apply it narrowly. Do not assert presumed or constructive notice without confirming the jurisdiction's current rule and the required factual nexus.

If the jurisdiction's doctrine and the evidence support it, allege: Your insured operated a [self-service grocery store / retail establishment] where customers regularly [handle merchandise / sample products / etc.]. The specific hazard was sufficiently connected to that operation, and reasonable protective measures were not used, including:

☐ 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 may have violated an enactment or standard applicable to this property, condition, claimant, and date, including:

☐ [State/Local Building Code Section] - [Description]
☐ OSHA regulation - [Citation and explanation of employer/employee applicability]
☐ ADA accessibility requirement - [Citation and explanation of disability/accessibility applicability]
☐ ANSI Standards - [Citation]
☐ Industry safety standards - [Citation]

[JURISDICTION-SPECIFIC: Confirm whether the cited enactment supplies a duty or private remedy and whether a violation is negligence per se, creates a rebuttable presumption, or is merely admissible evidence. Confirm that the claimant and injury fall within the enactment's protected class and purpose.]

D. Causation

The evidence supports the causation standard required by [cite governing jurisdiction]: [describe factual and medical causal chain]. Confirm the jurisdiction's cause-in-fact, legal-cause/proximate-cause, multiple-cause, and expert-proof requirements before use.

E. Comparative/Contributory Negligence

We anticipate your insured may assert comparative or contributory negligence. Based on the presently available evidence, that defense should fail or be reduced because:

☐ 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

[JURISDICTION-SPECIFIC: Verify whether the jurisdiction uses contributory negligence, pure comparative fault, or a modified comparative-fault threshold; how fault is compared; and any open-and-obvious or assumption-of-risk rule.]

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

B. Future Medical Expenses

Based on the opinions of our client's treating physicians, future medical care will include:

C. Lost Wages and Earning Capacity

Past Lost Wages:

Our client was unable to work from [Start Date] through [End Date]:

Future Lost Earning Capacity:

[If applicable - describe permanent impairment affecting ability to work]

D. Household Services / Personal Care

Our client has required assistance with household tasks and personal care:

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 (If Recognized and Properly Asserted):

• [Describe impact on marital relationship]

F. Summary of Damages

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:]

Based on the presently documented damages and the available coverage information, this claim may create excess exposure. Please evaluate the demand under the governing jurisdiction's standards for insurer settlement conduct, communicate material developments to the insured as required, and respond within the stated period. Delete this paragraph unless counsel has confirmed that its factual and legal predicates are satisfied.

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 applicable insurance policies and limits, if authorized or required by governing law

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 presently available evidence supports liability under the theory selected and documented above: [creation of condition / actual notice / constructive notice / jurisdiction-specific recurring-risk doctrine / negligent maintenance]. Identify the supporting evidence and delete theories that cannot be established.

The claimed damages are supported by the enclosed documentation. The settlement position should be reassessed after applying the jurisdiction's admissibility, causation, comparative-fault, damages, lien, and collateral-source rules.

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.

SOURCES AND VERIFICATION REFERENCES

• Tennessee Court of Appeals, Coblentz v. Tractor Supply Co. (Feb. 20, 2026) — current official example of control, duty, condition-creation, and notice analysis.
• New Jersey Appellate Division, Soiro v. Family Dollar (Dec. 3, 2025) — official recent example of the limited mode-of-operation doctrine and ordinary notice analysis.
• Massachusetts Superior Court Model Civil Jury Instructions — Premises Liability — official example showing jurisdiction-specific duty, notice, and mode-of-operation instructions.
• Federal Rules of Civil Procedure (as amended Dec. 1, 2025) — Rule 37(e) standards for loss of electronically stored information in federal litigation.
• Occupational Safety and Health Act § 5 — employer and employee duties; not a generic customer-premises standard.
• 2010 ADA Standards for Accessible Design — accessibility requirements for individuals with disabilities.
• Louisiana Civil Code art. 3493.1 — official current example illustrating jurisdiction-specific limitations and accrual rules.