DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF ARKANSAS

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

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], Arkansas. This letter constitutes our formal demand for settlement.

I. ARKANSAS-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Arkansas Code Annotated Section 16-56-105, the statute of limitations for personal injury claims arising from premises liability is three (3) 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. Modified Comparative Negligence (50% Bar Rule)

Arkansas follows modified comparative negligence under Arkansas Code Annotated Section 16-64-122. Under this statute:
- A plaintiff may recover if their fault is not greater than the fault of the defendant
- If plaintiff is 50% or less at fault, damages are reduced by the percentage of plaintiff's fault
- If plaintiff is more than 50% at fault, recovery is completely barred

Riddell v. Little, 253 Ark. 686, 488 S.W.2d 34 (1972).

Our client exercised reasonable care at all times and bears no responsibility for this incident.

C. Premises Liability Classification of Entrants

Arkansas follows the traditional common law classifications:

1. Invitees (Highest Duty)
An invitee is one who enters upon the premises at the express or implied invitation of the occupant, for their mutual advantage. Kmart Corp. v. Bassett, 311 Ark. 33, 841 S.W.2d 596 (1992).

The landowner owes invitees a duty to:
- Exercise ordinary care to maintain the premises in a reasonably safe condition
- Warn of hidden dangers known to the owner
- Make reasonable inspections to discover dangerous conditions
- Take reasonable precautions to protect invitees from foreseeable dangers

2. Licensees
A licensee enters with permission but for the visitor's own purposes. The owner owes a duty to:
- Warn of known hidden dangers
- Not willfully or wantonly injure

3. Trespassers
Owed only a duty not to willfully or wantonly injure.

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

D. Notice Requirements in Arkansas

Arkansas requires proof that the property owner had actual or constructive notice of the dangerous condition:

Actual Notice: The owner or employees knew of the specific hazardous condition. Williams v. Wal-Mart Stores, Inc., 311 Ark. 516, 844 S.W.2d 926 (1993).

Constructive Notice: The condition existed for a sufficient period that it would have been discovered by the exercise of ordinary care. Jerry-Russell Bliss, Inc. v. Madora, 2009 Ark. App. 693, 354 S.W.3d 77 (2009).

Factors establishing constructive notice:
- Length of time the condition existed
- Physical characteristics suggesting extended duration (dirty, tracked-through, dried)
- Frequency and adequacy of inspections
- Prior similar incidents

E. Mode of Operation Doctrine

Arkansas has recognized the mode of operation doctrine in limited circumstances. Under Wal-Mart Stores, Inc. v. Kilpatrick, 2016 Ark. App. 265, 491 S.W.3d 496 (2016):
- Where the business's method of operation creates a foreseeable risk of harm
- The owner may be charged with constructive notice of conditions arising from that operation
- However, the plaintiff must still show the condition arose from the mode of operation

The doctrine does not eliminate the notice requirement but may establish constructive notice.

F. Open and Obvious Danger Doctrine

Under Arkansas law, a landowner generally has no duty to protect or warn against open and obvious dangers. Wal-Mart Stores, Inc. v. Kelton, 305 Ark. 173, 806 S.W.2d 373 (1991).

However, exceptions exist where:
- The owner should anticipate the harm despite the obvious nature
- The plaintiff's attention was reasonably distracted
- There was no reasonable alternative
- The owner created a false sense of security

G. Natural Accumulation Rule

Arkansas follows the natural accumulation rule for ice and snow. Property owners generally have no duty to remove natural accumulations of ice and snow. Jerry-Russell Bliss, Inc. v. Madora, 2009 Ark. App. 693, 354 S.W.3d 77 (2009).

However, liability may exist for:
- Unnatural accumulations created by the property owner
- Conditions aggravated by the owner's conduct
- Ice from water discharged by the premises

H. Res Ipsa Loquitur

Arkansas recognizes res ipsa loquitur where:
1. The injury is caused by an instrumentality in the defendant's control
2. The accident is one that ordinarily does not occur without negligence
3. The plaintiff was not responsible for the accident
St. Louis I.M. & S. Ry. Co. v. Bragg, 69 Ark. 402, 64 S.W. 226 (1901).

I. Landlord vs. Tenant Liability

Arkansas landlord liability principles:
- Common Areas: Landlord retains duty for areas under their control
- Leased Premises: Generally tenant assumes control and duty
- Exceptions: Landlord may be liable for:
- Known latent defects not disclosed
- Conditions existing at time of lease
- Breach of covenant to repair
- Common areas retained under landlord control
Nelson v. Freeland, 349 Ark. 527, 79 S.W.3d 842 (2002).

J. Government Immunity - Arkansas Claims Commission

Claims against the State of Arkansas are governed by Arkansas Constitution Article 5, Section 20 and the Arkansas Claims Commission:
- Sovereign immunity applies unless waived
- Claims against the state must be filed with the Arkansas Claims Commission
- Notice: Generally within 180 days
- Local governmental entities: Ark. Code Ann. Section 21-9-301 et seq.
- Immunity exists for discretionary functions

K. Damage Caps

Punitive Damages: Arkansas Code Annotated Section 16-55-208 caps punitive damages at:
- The greater of $250,000 or three times compensatory damages
- Cap does not apply to intentional conduct or certain egregious acts

No cap on compensatory damages in standard premises liability cases.

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
• Surveillance footage from 48 hours before and after the incident
• Incident/accident reports
• Witness statements
• Maintenance logs and repair records
• Inspection records and checklists
• Prior complaints regarding hazardous conditions
• Prior incidents or falls at the same location
• Photographs of the incident location
• Written policies and procedures for maintenance
• Training records for employees
• All communications regarding the incident

Arkansas recognizes spoliation sanctions. Goff v. Harold Ives Trucking Co., 342 Ark. 143, 27 S.W.3d 387 (2000).

III. STATEMENT OF FACTS

A. The Premises

The incident occurred at [Property Address], which is [describe property type]. 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

[Choose applicable theory:]

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

Constructive Knowledge: The hazardous condition existed for a sufficient length of time that your insured should have discovered and remediated it. Evidence includes:
- [Evidence of duration]
- [Evidence of inspection failures]
- [Prior incidents]

Mode of Operation: [If applicable] Your insured's mode of operation made such hazards foreseeable, creating constructive notice.

IV. LIABILITY ANALYSIS

A. Duty of Care

As a business invitee, our client was owed the highest duty of care under Arkansas law. Your insured had a duty to:
1. Exercise ordinary care to maintain the premises in a reasonably safe condition
2. Make reasonable inspections to discover dangerous conditions
3. Warn of or remedy dangerous conditions

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
- Failing to discover the hazardous condition
- Failing to warn of or remedy the dangerous condition
- [Additional specific breaches]

C. Comparative Fault Analysis

Our client exercised reasonable care at all times:
- [Describe client's reasonable conduct]
- Our client had no reason to anticipate the dangerous condition
- The hazard was not open and obvious

Our client bears no fault whatsoever for this incident. Under Arkansas's 50% bar rule, even a finding of fault up to 50% would allow recovery, but we maintain our client is entirely without fault.

D. Causation

The dangerous condition was the direct and proximate cause of our client's injuries.

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].

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. Your insured's failure to maintain safe premises and conduct reasonable inspections caused our client's serious injuries. Our client was entirely without fault.

We urge prompt attention to this matter.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Arkansas Bar Association No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

ARKANSAS-SPECIFIC PRACTICE NOTES

• 50% Bar Rule: Ark. Code Ann. Section 16-64-122 - Plaintiff barred if more than 50% at fault. Critical to establish client's freedom from fault.

• Three-Year SOL: Longer than most states (2 years typical), but do not delay.

• Mode of Operation: Recognized in limited circumstances per Wal-Mart v. Kilpatrick.

• Natural Accumulation Rule: No duty to remove natural ice/snow accumulations.

• Open and Obvious: Generally no duty to warn, but exceptions exist.

• Government Claims: Claims Commission for state entities; specific notice requirements.

• Punitive Damages Cap: $250,000 or 3x compensatory, whichever is greater.

• Venue: Ark. Code Ann. Section 16-60-101 - County where cause of action arose or where defendant resides.

• Prejudgment Interest: Ark. Code Ann. Section 16-65-114 - 10% per annum.