Slip and Fall / Premises Liability Demand Letter - Delaware

DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF DELAWARE

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

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

I. DELAWARE-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under 10 Del. C. § 8119, an action for personal injuries generally must be brought within two years from the date on which the injuries were sustained, subject to any claim-specific tolling or special-defendant rule. If the claim is against a person who furnished construction, design, planning, supervision, or observation of an allegedly deficient nonresidential improvement, counsel must separately analyze § 8127's six-year outside limit and earliest-trigger rules. Section 8127 expressly excludes improvements used or intended primarily for residential purposes. The incident occurred on [Date]. Counsel must independently determine the filing deadline: [Expiration Date].

B. Modified Comparative Negligence (51% Bar Rule)

Delaware follows modified comparative negligence under 10 Del. C. Section 8132. Under this statute:

• A plaintiff may recover if their fault is not greater than the combined negligence of all defendants
• 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

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

C. Duty to a Business Invitee

A possessor of land is subject to liability to an invitee for a condition on the land when the possessor knows or through reasonable care would discover the condition and unreasonable risk, should expect the invitee will not discover or protect against it, and fails to use reasonable care for the invitee's protection. A business must take reasonable measures to make customer areas safe and provide reasonable warnings of known or readily knowable dangers. First v. Millville Town Center Associates, LLC, C.A. No. K24C-05-012 JJC (Del. Super. May 7, 2026).

Control is fact-specific and need not be exclusive. A commercial tenant's contractual allocation of maintenance duties to a landlord does not by itself eliminate the tenant's independent tort duty to its customers. Our client was lawfully present as a [customer/other business invitee].

D. Notice Requirements Under Delaware Law

For a hazard not created by the defendant, the claim ordinarily requires proof that the responsible possessor had actual or constructive notice of the dangerous condition:

Actual Notice: The possessor or responsible employees had direct knowledge of the condition.

Constructive Notice: Through reasonable care, the possessor would have discovered the condition and should have realized that it presented an unreasonable risk. First, C.A. No. K24C-05-012 JJC.

Factors establishing constructive notice:

• Duration of the condition
• Visibility and location of the hazard
• Inspection procedures and frequency
• Prior similar incidents
• Nature of the business operations

E. Known or Obvious Conditions

An obvious condition does not categorically eliminate a possessor's duty to keep business premises reasonably safe. Under the Restatement rule applied by Delaware courts, a possessor may remain liable when the possessor should anticipate harm despite the invitee's knowledge or the condition's obviousness. Whether the condition was dangerous and apparent is ordinarily fact-specific. Tolliver v. Musser, C.A. No. N23C-03-072 SSA (Del. Super. Jan. 28, 2026).

F. Snow and Ice During a Continuing Storm

The duty to keep business premises reasonably safe includes naturally occurring ice and snow. Under the continuing-storm doctrine, however, a landowner generally may wait until the storm ends and for a reasonable time afterward before removing ice or snow, absent unusual circumstances. That rule also does not require pre-storm measures to prevent accumulation from an approaching storm when the premises were otherwise reasonably safe. Buchanan v. TD Bank, N.A., No. 173, 2017 (Del. May 2, 2018).

G. Residential Landlord Duties

Under 25 Del. C. § 5305(a), a residential landlord must comply with applicable maintenance law; provide a unit that does not endanger occupants and is fit for its rented purpose; keep landlord-maintained common areas clean and sanitary; make necessary repairs; and maintain supplied facilities in good working order. A personal-injury claim still requires a defective condition and actual or constructive notice. Tolliver, C.A. No. N23C-03-072 SSA.

H. Government Defendants

Government claims require defendant- and location-specific analysis. Under 10 Del. C. § 4001, state-officer immunity applies when all three statutory elements are present, and the plaintiff bears the burden to prove at least one is absent.

For counties and municipalities, § 4011 supplies broad immunity and specifically includes claims based on defects or lack of repair in a sidewalk or parking area. Section 4012(2) exposes a local governmental entity to liability for negligence in the construction, operation, or maintenance of a public building or its appurtenances, subject to the statutory exceptions.

For a claim permitted by that local-government subchapter, § 4013(a) generally caps all claims arising from a single occurrence at $300,000, unless the political subdivision purchased greater liability coverage. Section 4013(c) does not itself impose statewide one-year notice; it permits a political subdivision to enact a notice ordinance, but the ordinance may not bar a suit if notice is given within one year of the occurrence. Check the specific charter and ordinances.

I. Interest on a Qualifying Judgment

Under 6 Del. C. § 2301(d), interest is added to a qualifying final tort judgment from the date of injury at the statutory rate only if, before trial, the plaintiff made a written settlement demand that remained valid for at least 30 days and was less than the damages on which judgment was entered.

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD NOTICE

Please preserve potentially relevant evidence relating to this incident and the subject premises, including:

• 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
• Snow/ice removal records and contracts
• Weather records from the date of incident
• 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

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 inadequate inspection procedures]
• [Prior similar incidents]

Operational or Recurring Evidence: [If supported] The location, recurring nature, customer traffic, inspection history, or operation of the premises supports notice or breach because [describe evidence without assuming that the manner of operation alone dispenses with notice].

IV. LIABILITY ANALYSIS

A. Duty of Care

As a business invitee under Delaware law, our client was owed reasonable care under the circumstances. On the available facts, your insured had a duty to:

1. Exercise reasonable care to keep the premises in a safe condition
2. Discover dangerous conditions through reasonable inspection
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 condition was not one whose danger our client knew and could reasonably avoid, or the harm remained foreseeable despite its visibility

Our client bears no fault whatsoever for this incident.

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
• Weather records (if applicable)
• 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 under Delaware premises liability law. Your insured's failure to maintain safe premises and conduct reasonable inspections caused our client's serious injuries.

We urge prompt attention to this matter.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: As noted above

cc: [Client Name]
File

DELAWARE-SPECIFIC PRACTICE NOTES

• 51% Bar Rule: 10 Del. C. Section 8132 - Plaintiff barred if more than 50% at fault.

• Business Invitee: Apply the possessor/control, notice, unreasonable-risk, foreseeability, warning, and reasonable-protection analysis reflected in First.

• Continuing Storm: A landowner generally may await the end of a storm and a reasonable time thereafter before removing natural ice or snow, absent unusual circumstances.

• Local Government Claims: Sections 4011-4013 require immunity/exception analysis; the permitted-claim cap is generally $300,000 per occurrence, and notice depends on a valid local ordinance.

• Tort-Judgment Interest: Section 2301(d) requires a pretrial written demand valid for at least 30 days and lower than the damages on which judgment is entered.

• Offer of Judgment: Del. Super. Ct. Civ. R. 68 - Cost-shifting mechanism.

SOURCES AND REFERENCES

• 10 Del. C. ch. 81 — Personal Actions
• 10 Del. C. ch. 40, subch. I — State Tort Claims
• 10 Del. C. ch. 40, subch. II — County and Municipal Tort Claims
• 25 Del. C. ch. 53 — Landlord Obligations and Tenant Remedies
• 6 Del. C. ch. 23 — Interest
• First v. Millville Town Center Associates, LLC, C.A. No. K24C-05-012 JJC (Del. Super. May 7, 2026)
• Tolliver v. Musser, C.A. No. N23C-03-072 SSA (Del. Super. Jan. 28, 2026)
• Buchanan v. TD Bank, N.A., No. 173, 2017 (Del. May 2, 2018)
• Delaware Superior Court Civil Rules