DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF IOWA

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

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], [County] County, Iowa. This letter constitutes our formal demand for settlement and provides a comprehensive analysis of liability under Iowa law, our client's injuries, and damages.

I. IOWA-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Iowa Code Section 614.1(2), the statute of limitations for personal injury claims, including 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]. We are prepared to file suit immediately if this matter cannot be resolved.

B. Iowa Premises Liability Duty Standards

Iowa has adopted a unified duty of care standard for premises liability cases. In Koenig v. Koenig, 766 N.W.2d 635 (Iowa 2009), the Iowa Supreme Court eliminated the traditional common law distinctions between invitees, licensees, and trespassers for duty purposes.

Under Iowa law, a landowner owes all entrants (except trespassers engaged in criminal conduct) a duty to exercise reasonable care under all the circumstances. The traditional classifications remain relevant only as factors in determining what constitutes reasonable care.

Our client was a lawful visitor (business invitee) on your insured's premises. Under the reasonable care standard, your insured had a duty to:

1. Exercise reasonable care to discover dangerous conditions;
2. Exercise reasonable care to warn of or remedy dangerous conditions;
3. Conduct activities on the premises with reasonable care.

C. Knowledge Requirement Under Iowa Law

Although Iowa has adopted a unified duty standard, a plaintiff must still prove that the defendant knew or should have known of the dangerous condition. Brimeyer v. City of Dubuque, 950 N.W.2d 701 (Iowa 2020).

Actual Knowledge: Established when the defendant or its employees knew of the hazard prior to the incident.

Constructive Knowledge: Established when:
- The condition existed for such a length of time that it should have been discovered through the exercise of reasonable care; OR
- The defendant created the dangerous condition.

D. Modified Comparative Fault

Iowa follows a modified comparative fault rule with a 51% bar. Under Iowa Code Section 668.3, a plaintiff's recovery is reduced by the plaintiff's percentage of fault. However, if the plaintiff's fault is equal to or greater than the combined fault of all defendants and third parties, the plaintiff is completely barred from recovery.

Our client exercised reasonable care and bears no fault for this incident.

E. Mode of Operation Doctrine in Iowa

Iowa courts recognize that self-service businesses may be held to a different standard regarding constructive notice. Where the mode of operation makes certain hazards foreseeable, evidence of the defendant's business practices is relevant to establishing whether reasonable care was exercised.

Franke v. Hy-Vee, Inc., 514 N.W.2d 78 (Iowa 1994) (discussing notice requirements in self-service establishments).

Your insured's mode of operation made the hazard foreseeable and supports a finding that reasonable care was not exercised.

F. Snow and Ice Liability in Iowa

Iowa follows a general negligence standard for snow and ice cases rather than a strict "natural accumulation" rule. Under Koenig, property owners must exercise reasonable care under all the circumstances regarding snow and ice hazards.

Relevant factors include:
1. The foreseeability of harm;
2. The nature of the risk involved;
3. The opportunity and ability to exercise care;
4. The comparative interests of the parties;
5. The social utility of the defendant's conduct.

Koenig v. Koenig, 766 N.W.2d 635 (Iowa 2009).

[If applicable:] The ice/snow condition in this case presented an unreasonable risk of harm that your insured failed to address despite having adequate opportunity and ability to do so.

G. Open and Obvious Doctrine

Under Iowa's unified duty approach, the "open and obvious" nature of a condition is not an automatic bar to recovery. Instead, it is one factor in determining whether the defendant exercised reasonable care and whether the plaintiff was comparatively at fault.

Ludman v. Davenport Assumption High Sch., 895 N.W.2d 902 (Iowa 2017).

[If applicable:] Even if the condition had some observable characteristics, your insured should have anticipated that invitees would encounter it and failed to exercise reasonable care.

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

Iowa courts may impose sanctions for spoliation of evidence, including adverse inference instructions. Failure to preserve this evidence will be addressed in litigation.

III. STATEMENT OF FACTS

A. The Premises

The incident occurred at [Property Address], [County] County, Iowa, 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.

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 - e.g., liquid on the floor, uneven surface, ice accumulation, debris, etc.]

[Describe condition characteristics that establish notice - e.g., dirty appearance, tracked footprints, size of spill, duration based on witness testimony, weather conditions, etc.]

C. The Incident

On [Date of Incident], at approximately [Time], our client was [describe what client was doing] when [he/she] encountered the hazardous condition described above. [Detailed narrative of the fall, including what client was doing, how the fall occurred, what body parts impacted the ground, etc.]

Our client did not observe the hazardous condition prior to the fall because [explain why - e.g., the substance was clear, lighting was inadequate, attention was appropriately directed elsewhere, condition was concealed, etc.].

D. Your Insured's Knowledge

[Select and customize applicable theory:]

Created the Condition: Your insured or its employees created the hazardous condition by [describe].

Actual Knowledge: Your insured had actual knowledge of the hazardous condition based on:
- [Prior complaints about the condition]
- [Employee awareness of the condition]
- [Other evidence]

Constructive Knowledge: Your insured had constructive knowledge because:
- The hazardous condition existed for a sufficient length of time such that it should have been discovered through reasonable inspection
- [Describe evidence of duration - appearance, witness testimony, etc.]
- [Describe inadequate inspection procedures]

IV. LIABILITY ANALYSIS

A. Duty of Care

Under Koenig v. Koenig, your insured owed our client the duty to exercise reasonable care under all the circumstances. This includes the duty to discover and remedy dangerous conditions, or to warn of such conditions.

B. Breach of Duty

Your insured breached this duty by failing to exercise reasonable care. Specifically, your insured:

1. Failed to discover the hazardous condition through reasonable inspection;
2. Failed to remediate the hazardous condition;
3. Failed to warn of the hazardous condition;
4. Failed to implement adequate inspection and maintenance procedures;
5. [Additional breaches specific to the case]

C. Causation

The hazardous condition was the direct and proximate cause of our client's fall and resulting injuries. But for your insured's failure to exercise reasonable care, our client would not have fallen and would not have sustained the injuries detailed herein.

D. Comparative Fault - Rebutted

Our client exercised reasonable care for [his/her] own safety. Under Iowa's reasonable care framework, an invitee is entitled to expect that the premises are reasonably safe. Our client:

• Had a right to assume the premises were reasonably safe;
• Was not required to continuously inspect the floor for hazards;
• Could not have observed the hazard through the exercise of ordinary care because [explain].

V. INJURIES AND MEDICAL TREATMENT

A. Summary of Injuries

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

Primary Diagnoses:
- [Injury 1]
- [Injury 2]
- [Injury 3]

B. Treatment Summary

Emergency Treatment - [Date]:
- Provider: [Hospital/Facility Name]
- Treatment: [Description]
- Findings: [Diagnosis, imaging results]

Follow-Up Care:
- Provider: [Name]
- Dates: [Range]
- Treatment: [Description]

Specialist Care:
- Provider: [Name, Specialty]
- Dates: [Range]
- Treatment: [Description]

Physical Therapy/Rehabilitation:
- Provider: [Name]
- Duration: [Sessions/weeks]
- Treatment: [Description]

Surgical Intervention (if applicable):
- Procedure: [Description]
- Date: [Date]
- Surgeon: [Name, Facility]

C. Current Status and Prognosis

[Describe current condition, maximum medical improvement status, permanent impairment, ongoing symptoms, and future treatment needs]

VI. DAMAGES

A. Past Medical Expenses

B. Future Medical Expenses

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

C. Lost Wages and Earning Capacity

D. Pain and Suffering / Non-Economic Damages

Our client has experienced significant pain, suffering, and diminished quality of life:

• Physical pain from injuries sustained
• Emotional distress, anxiety, and depression
• Loss of enjoyment of life and recreational activities
• Interference with family relationships and activities
• Permanent impairment and scarring
• [Other non-economic damages specific to case]

E. 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 the sum of:

$[DEMAND AMOUNT]

[OR - Policy Limits Demand:]

TENDER OF THE FULL POLICY LIMITS OF $[AMOUNT]

This demand will remain open for thirty (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, we will file suit in the Iowa District Court, [County] County, without further notice.

VIII. BAD FAITH WARNING

[For policy limits or excess exposure cases:]

Our client's damages clearly exceed available policy limits. Your failure to tender limits exposes your insured to personal liability for any excess judgment. Iowa recognizes claims for first-party bad faith by insurers. Dolan v. Aid Ins. Co., 431 N.W.2d 790 (Iowa 1988).

We strongly urge you to advise your insured of this exposure and to act in good faith.

IX. GOVERNMENT ENTITY CLAIMS

[USE THIS SECTION ONLY IF DEFENDANT IS GOVERNMENT ENTITY]

If this claim involves a government entity, please note that the Iowa Tort Claims Act, Iowa Code Chapter 669, governs claims against the State. Claims against municipalities are governed by Iowa Code Chapter 670. Notice requirements and deadlines vary by entity type, and certain immunities may apply.

X. 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
• [Other supporting documentation]
• HIPAA authorizations

XI. CONCLUSION

The evidence in this case establishes clear and indisputable liability on the part of your insured. Our client was a lawful visitor who was injured due to your insured's failure to exercise reasonable care under all the circumstances. The hazardous condition was known or should have been discovered through the exercise of reasonable care. Our client exercised reasonable care and could not have avoided the hazard.

A jury in [County] County, Iowa would view this case favorably for our client. We urge you to give this matter prompt attention.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Iowa Supreme Court No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

IOWA-SPECIFIC PRACTICE NOTES

• Koenig Standard: Iowa uses a unified reasonable care standard rather than traditional classifications. The status of the entrant is a factor, not determinative of duty.

• Modified Comparative Fault: Under Iowa Code Section 668.3, plaintiff is barred from recovery if 50% or more at fault.

• Joint and Several Liability: Under Iowa Code Section 668.4, joint and several liability is limited. Defendants are generally only severally liable unless fault exceeds 50%.

• No Natural Accumulation Rule: Iowa applies general negligence principles to snow/ice cases under Koenig.

• Punitive Damages: Under Iowa Code Section 668A.1, punitive damages require proof by clear and convincing evidence of willful and wanton disregard for the rights or safety of another.

• Collateral Source Rule: Modified by Iowa Code Section 668.14. Evidence of collateral source payments is admissible.

• Government Claims: State claims governed by Iowa Code Chapter 669; municipal claims by Chapter 670. Different notice requirements apply.

• Venue: Generally where defendant resides or where cause of action arose. Iowa R. Civ. P. 1.301.