DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

COMMONWEALTH OF KENTUCKY

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

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

I. KENTUCKY-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations - ONE YEAR

IMPORTANT: Under Kentucky Revised Statutes Section 413.140(1)(a), the statute of limitations for personal injury claims, including premises liability, is one (1) year from the date of injury. This is significantly shorter than most states. 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. Kentucky Premises Liability Duty Standards

Kentucky follows the traditional common law classifications of entrants onto land. The duty owed by a landowner depends on the status of the entrant as an invitee, licensee, or trespasser. Standard Oil Co. v. Manis, 433 S.W.2d 856 (Ky. 1968).

Our client was a business invitee on your insured's premises, having entered for a purpose connected with the landowner's business or for the mutual benefit of both parties.

As to invitees, Kentucky law imposes the highest duty of care. A landowner must:

1. Exercise ordinary care to maintain the premises in a reasonably safe condition for the invitee;
2. Discover and eliminate any unreasonably dangerous conditions;
3. Warn of any known, hidden dangers.

Carter v. Bullitt Host, LLC, 471 S.W.3d 288 (Ky. 2015).

C. Knowledge Requirement Under Kentucky Law

Kentucky law requires that the property owner have actual or constructive knowledge of the dangerous condition before liability can attach. Lanier v. Wal-Mart Stores, Inc., 99 S.W.3d 431 (Ky. 2003).

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; OR
- The condition was part of a pattern of conduct or recurring condition; OR
- The defendant created the dangerous condition.

The plaintiff must establish the length of time the condition existed to prove constructive notice. Lanier, 99 S.W.3d at 435.

D. Pure Comparative Fault

Kentucky follows a pure comparative fault rule. Under Kentucky Revised Statutes Section 411.182, a plaintiff's recovery is reduced by the plaintiff's percentage of fault, but recovery is never completely barred regardless of the plaintiff's percentage of fault.

Even if our client were found partially at fault (which we dispute), our client would still be entitled to recover damages reduced by any percentage of fault attributed to our client.

E. Mode of Operation Doctrine in Kentucky

Kentucky has recognized a modified mode of operation approach. In self-service establishments, the Kentucky Supreme Court has held that evidence of the business's mode of operation may be relevant to establishing constructive knowledge. However, the mode of operation alone does not eliminate the requirement of proving notice.

Carter v. Bullitt Host, LLC, 471 S.W.3d 288 (Ky. 2015) (discussing the relationship between business operations and constructive knowledge).

Your insured's self-service operation made the hazard foreseeable and is relevant to establishing constructive knowledge.

F. Snow and Ice Liability in Kentucky

Kentucky applies general negligence principles to snow and ice cases. A property owner has a duty to exercise ordinary care to maintain the premises in a reasonably safe condition, including with respect to snow and ice accumulation.

While there is no absolute duty to remove all snow and ice, a property owner may be liable when:
1. The snow or ice creates an unreasonably dangerous condition;
2. The owner knew or should have known of the condition;
3. The owner failed to exercise ordinary care to remedy the condition.

Louisville & Jefferson County Metropolitan Sewer Dist. v. Bischoff, 248 S.W.2d 423 (Ky. 1952).

[If applicable:] The ice/snow condition in this case created an unreasonably dangerous condition that your insured knew or should have known about and failed to remedy.

G. Open and Obvious Doctrine

Under Kentucky law, a landowner generally has no duty to warn of or protect against conditions that are open and obvious. Shelton v. Kentucky Easter Seals Soc'y, Inc., 413 S.W.3d 901 (Ky. 2013).

However, the open and obvious doctrine does not apply when:
1. The owner should anticipate that the invitee will encounter the danger due to circumstances;
2. The danger is hidden or not readily apparent;
3. The invitee's attention is reasonably diverted elsewhere.

[If applicable:] The condition was not open and obvious because [explain], or circumstances existed that should have alerted your insured that invitees would encounter the danger.

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

Kentucky courts recognize spoliation claims and may impose sanctions for the destruction 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, Kentucky, 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

As established above, your insured owed our client, a business invitee, the highest duty of care under Kentucky law: the duty to exercise ordinary care to maintain the premises in a reasonably safe condition, to discover and eliminate unreasonably dangerous conditions, and to warn of any known hidden dangers.

B. Breach of Duty

Your insured breached this duty by:

1. Failing to discover the hazardous condition through reasonable inspection;
2. Failing to eliminate the hazardous condition;
3. Failing to warn of the hazardous condition;
4. Failing 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 negligence in allowing this dangerous condition to exist, our client would not have fallen and would not have sustained the injuries detailed herein.

D. Comparative Fault Analysis

Our client exercised reasonable care for [his/her] own safety. Even if any fault were attributed to our client (which we dispute), Kentucky's pure comparative fault system ensures that our client will recover damages. 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].

GIVEN THE ONE-YEAR STATUTE OF LIMITATIONS IN KENTUCKY, TIME IS OF THE ESSENCE.

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 [County] Circuit Court, Kentucky, 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. Kentucky recognizes the tort of bad faith refusal to settle. Motorists Mut. Ins. Co. v. Glass, 996 S.W.2d 437 (Ky. 1999).

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 Board of Claims has jurisdiction over claims against the Commonwealth under Ky. Rev. Stat. Section 44.070. Claims against municipalities are governed by Ky. Rev. Stat. Chapter 65. Various notice requirements and limitations 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 business invitee who was injured due to your insured's failure to exercise ordinary care in maintaining the premises. The hazardous condition was known or should have been discovered through reasonable inspection. Our client exercised reasonable care and could not have avoided the hazard.

A jury in [County] County, Kentucky would view this case favorably for our client. Given the one-year statute of limitations, we urge you to give this matter immediate and serious attention.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: As noted above

cc: [Client Name]
File

KENTUCKY-SPECIFIC PRACTICE NOTES

• ONE-YEAR STATUTE OF LIMITATIONS: Critical - Kentucky has one of the shortest statutes of limitations in the country for personal injury claims. Ky. Rev. Stat. Section 413.140(1)(a).

• Pure Comparative Fault: Under Ky. Rev. Stat. Section 411.182, plaintiff can recover even if more at fault than defendant. Recovery reduced by percentage of fault.

• Joint and Several Liability: Under Ky. Rev. Stat. Section 411.182(2), joint and several liability has been abolished. Each defendant is only liable for their proportionate share of fault.

• Constructive Notice: Kentucky requires evidence of the length of time a condition existed to prove constructive notice. Lanier v. Wal-Mart Stores, Inc., 99 S.W.3d 431 (Ky. 2003).

• Punitive Damages: Under Ky. Rev. Stat. Section 411.184, punitive damages require proof of gross negligence or willful, wanton, or reckless conduct by clear and convincing evidence.

• Collateral Source Rule: Kentucky follows the collateral source rule. Ky. Rev. Stat. Section 411.188.

• Government Claims: Claims against the Commonwealth go to Board of Claims. Claims against cities/counties governed by Ky. Rev. Stat. Chapter 65.

• Venue: Generally where defendant resides or where cause of action arose. Ky. Rev. Stat. Section 452.400 et seq.