DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF ALABAMA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Alabama ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Alabama

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]
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] in [City], Alabama. This letter constitutes our formal demand for settlement.

I. ALABAMA-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Alabama Code Section 6-2-38(l), the statute of limitations for personal injury claims arising from premises liability is two (2) years from the date of injury. This claim arises from an incident that occurred on [Date], and therefore the limitations period expires on [Expiration Date].

B. Contributory Negligence - CRITICAL WARNING

Alabama is one of only four jurisdictions that retains the doctrine of pure contributory negligence. Under Alabama law, if the plaintiff is found to have contributed to their injury in any degree, however slight, they are completely barred from recovery. Williams v. Delta Int'l Mach. Corp., 619 So. 2d 1330 (Ala. 1993).

Our client was entirely free from fault. As detailed below, our client exercised reasonable care at all times and in no way contributed to this incident.

C. Premises Liability Classification of Entrants

Alabama follows the traditional common law classifications for determining the duty owed by a landowner:

1. Invitees (Highest Duty)
An invitee is one who enters upon the premises of another at the express or implied invitation of the owner for their mutual benefit. Ex parte Mountain Top Indoor Flea Market, Inc., 699 So. 2d 158 (Ala. 1997).

The landowner owes an invitee the duty to:
- Keep the premises in a reasonably safe condition
- Warn of hidden dangers or defects known to the landowner but not to the invitee
- Use reasonable care to discover dangerous conditions and make them safe

2. Licensees (Intermediate Duty)
A licensee enters with the owner's consent but for the visitor's own purposes. The landowner owes a duty not to willfully or wantonly injure and to warn of known hidden dangers. Hines v. Riverside Chevrolet-Olds, Inc., 655 So. 2d 909 (Ala. 1994).

3. Trespassers (Minimal Duty)
A trespasser enters without consent. The landowner owes only a duty not to willfully or wantonly injure. Darby v. Johnson, 477 So. 2d 322 (Ala. 1985).

Our client was a business invitee, entitled to the highest duty of care.

D. Notice Requirements Under Alabama Law

Alabama law requires proof that the defendant had either actual or constructive notice of the dangerous condition:

Actual Notice: Direct knowledge of the specific dangerous condition. Ex parte Wal-Mart Stores, Inc., 725 So. 2d 275 (Ala. 1998).

Constructive Notice: The condition existed for a sufficient length of time that in the exercise of reasonable care, it should have been discovered. Maddox v. K-Mart Corp., 565 So. 2d 14 (Ala. 1990). Evidence may include:
- The appearance of the substance (dirty, tracked-through, dried)
- The length of time the condition existed
- Prior incidents at the same location
- Inadequate inspection procedures

E. Mode of Operation Doctrine

Alabama does not recognize the mode of operation doctrine as eliminating the notice requirement. Plaintiffs must still establish actual or constructive notice. Dolgencorp, LLC v. Hall, 890 So. 2d 98 (Ala. 2003). However, the nature of the business operation is relevant to the reasonableness of inspection protocols.

F. Open and Obvious Danger Doctrine

Under Alabama law, a landowner generally has no duty to warn of or protect against open and obvious dangers. Ex parte Kraatz, 775 So. 2d 97 (Ala. 2000). However, this doctrine is not a complete defense where:
- The plaintiff was distracted by the defendant's conduct
- The danger was obscured or not truly obvious
- The plaintiff had no reasonable alternative

G. Snow and Ice Liability

Alabama follows the natural accumulation rule. Property owners generally have no duty to remove natural accumulations of ice and snow. However, liability may exist for:
- Unnatural accumulations caused by the owner's conduct
- Ice formed from water discharged by the owner's property
- Failure to warn of unusually dangerous ice conditions
Patterson v. Liberty Ass'n, 574 So. 2d 714 (Ala. 1990).

H. Res Ipsa Loquitur

Alabama recognizes res ipsa loquitur where:
1. The accident is of a kind that ordinarily does not occur without negligence
2. The instrumentality causing the injury was in the exclusive control of the defendant
3. The plaintiff did not contribute to the injury
Mobile Infirmary Ass'n v. Tyler, 981 So. 2d 1077 (Ala. 2007).

I. Landlord vs. Tenant Liability

In Alabama, a landlord generally is not liable for injuries occurring on leased premises unless:
- The landlord retained control over the area where the injury occurred
- The landlord covenanted to repair
- The landlord fraudulently concealed a dangerous condition
Johnson v. Knebel, 367 So. 2d 961 (Ala. 1979).

J. Government Immunity - Alabama Tort Claims Act

If the premises is owned by a government entity, Alabama Code Section 11-93-2 provides limited immunity. Claims against municipalities and counties must comply with the Alabama Tort Claims Act, Ala. Code Section 11-93-1 et seq. Damages are capped at $100,000 per person and $300,000 per occurrence. Ala. Code Section 11-93-2(a).

II. 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
• 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
• All communications regarding the incident
• Insurance policies applicable to this claim

FAILURE TO PRESERVE THIS EVIDENCE MAY RESULT IN SPOLIATION CLAIMS AND ADVERSE INFERENCE INSTRUCTIONS. Alabama recognizes spoliation sanctions. Smith v. Atkinson, 771 So. 2d 429 (Ala. 2000).

III. 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," etc.]. At all relevant times, [Property Owner Name] owned, operated, maintained, and/or controlled the subject premises.

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]

C. The Incident

On [Date of Incident], at approximately [Time], our client was lawfully present on the premises as a business invitee when [describe the fall in detail].

D. Notice - Actual or Constructive

[Choose applicable theory:]

Actual Knowledge: Your insured had actual knowledge of the hazardous condition because [describe evidence of actual knowledge].

Constructive Knowledge: The hazardous condition existed for a sufficient length of time that your insured, in the exercise of reasonable care, should have discovered and remediated it. Evidence of constructive notice includes:
- [Evidence of duration - e.g., "The substance had a dried, dirty appearance indicating it had been present for an extended period"]
- [Evidence of inspection failures]
- [Prior complaints or incidents]

IV. LIABILITY ANALYSIS

A. Duty of Care

As a business invitee, our client was owed the highest duty of care under Alabama law. Your insured had a duty to:
1. Keep the premises in a reasonably safe condition
2. Inspect the premises to discover dangerous conditions
3. Warn of or remedy any dangerous conditions
4. Use reasonable care to protect invitees from foreseeable hazards

B. Breach of Duty

Your insured breached its duty of care by:
- Failing to maintain the premises in a reasonably safe condition
- Failing to conduct reasonable inspections to discover the hazard
- Failing to warn of or remedy the dangerous condition
- [Additional specific breaches]

C. Contributory Negligence - Inapplicable

We specifically address and reject any claim of contributory negligence:

• Our client was exercising reasonable care at all times
• Our client had no reason to anticipate the dangerous condition
• The hazard was not open and obvious
• Our client's attention was reasonably directed [elsewhere - describe]
• Our client had every right to expect the premises would be maintained in a safe condition

There is no evidence that our client contributed to this incident in any way.

D. Causation

The dangerous condition was the direct and proximate cause of our client's injuries. But for your insured's negligence, our client would not have fallen and would not have sustained the injuries detailed herein.

V. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

As a direct and proximate result of the fall, our client sustained the following injuries:

[LIST INJURIES]

B. Medical Treatment

Emergency Treatment:
[Describe emergency care]

Follow-Up Treatment:
[Describe ongoing treatment]

Current Status and Prognosis:
[Describe current condition and prognosis]

VI. DAMAGES

A. Medical Expenses

Future Medical Expenses: $[Amount]

B. Lost Wages

C. Pain and Suffering

[Describe pain and suffering]

D. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear liability of your insured, the severity of our client's injuries, and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring on [Expiration Date].

Given Alabama's contributory negligence rule, your insured faces a binary outcome at trial: either total liability or no liability. The evidence overwhelmingly supports our client's complete freedom from fault.

VIII. DOCUMENTATION ENCLOSED

• Complete medical records and bills
• Photographs of the incident location
• Photographs of injuries
• Incident report (if obtained)
• Employment records and lost wage documentation
• [Additional documentation]

IX. CONCLUSION

The evidence establishes clear liability on the part of your insured. Our client was a business invitee who was entirely free from fault. Your insured's failure to maintain safe premises caused our client's serious injuries.

We urge prompt attention to this matter.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Alabama State Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

ALABAMA-SPECIFIC PRACTICE NOTES

• Contributory Negligence: Alabama is one of only four U.S. jurisdictions (with D.C., Maryland, and North Carolina) that follows pure contributory negligence. Any fault by the plaintiff completely bars recovery.

• Wanton Conduct Exception: Even if contributory negligence exists, plaintiff may recover if defendant's conduct was wanton. King v. W.A. Brown & Sons, Inc., 585 So. 2d 10 (Ala. 1991).

• No Mode of Operation Doctrine: Must prove actual or constructive notice in all cases.

• Punitive Damages: Available for wanton conduct. Subject to statutory caps under Ala. Code Section 6-11-21.

• Government Claims: Municipal immunity with caps at $100,000/$300,000.

• Venue: County where injury occurred or where defendant resides. Ala. Code Section 6-3-2.