DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL
STATE OF MISSOURI
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Missouri ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Missouri
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], [County] County, Missouri. This letter constitutes our formal demand for settlement.
I. MISSOURI-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under Missouri Revised Statutes Section 516.120, the statute of limitations for personal injury claims is five (5) 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. Missouri Pure Comparative Fault
Missouri follows pure comparative fault under Mo. Rev. Stat. Section 537.765. A plaintiff may recover damages reduced by their percentage of fault, regardless of whether the plaintiff's fault exceeds that of the defendant.
Our client was exercising all reasonable care and bears no fault for this incident.
C. Missouri Premises Liability Standards
Traditional Classifications Apply:
Missouri retains the common law classifications of entrants with corresponding duties:
1. Invitees (Business Visitors):
The highest duty is owed to invitees. A property owner must:
- Exercise reasonable care to maintain the premises in a reasonably safe condition
- Inspect the premises to discover dangerous conditions
- Take reasonable steps to protect invitees from dangers of which the owner knows or should know
Harris v. Niehaus, 857 S.W.2d 222 (Mo. 1993).
2. Requirements for Liability:
To establish premises liability in Missouri, a plaintiff must prove:
1. A dangerous condition existed on the premises
2. The defendant knew or by exercising ordinary care should have known of the condition
3. The defendant failed to use ordinary care to remove, repair, or warn of the condition
4. The dangerous condition was a proximate cause of the plaintiff's injury
Keveney v. Missouri Military Academy, 304 S.W.3d 98 (Mo. 2010).
Our client was a business invitee, entitled to the highest duty of care.
D. Missouri "Open and Obvious" Doctrine
Missouri recognizes the open and obvious doctrine. A landowner generally has no duty to warn of conditions that are open and obvious. Lacy v. Wright, 199 S.W.3d 792 (Mo. Ct. App. 2006).
However, the doctrine does not apply when:
1. The condition is not actually open and obvious to a reasonable person
2. The landowner should anticipate harm despite the obviousness (e.g., distraction, compulsion to encounter the danger)
3. The dangerous character of the condition is not apparent
Here, the hazardous condition was NOT open and obvious because: [Explain].
E. Missouri Snow and Ice Liability
General Rule:
Missouri property owners owe a duty of reasonable care regarding snow and ice. Property owners must exercise ordinary care to remove or remediate snow and ice accumulations within a reasonable time.
Natural vs. Unnatural Accumulation:
Missouri courts have distinguished between natural and unnatural accumulations of ice. An "unnatural" accumulation (created or aggravated by the property owner's conduct) may give rise to liability more readily than a natural accumulation. Hyman v. Robinson, 713 S.W.2d 300 (Mo. Ct. App. 1986).
Actual or Constructive Notice Required:
Liability for snow and ice conditions generally requires proof that the property owner knew or should have known of the hazardous condition.
[If snow/ice case:] Your insured failed to exercise ordinary care in addressing the snow and ice accumulation. [If unnatural:] The ice condition was an unnatural accumulation caused by [describe how owner's conduct created or aggravated the condition].
F. Notice Requirements for Government Claims
Missouri Sovereign Immunity - Mo. Rev. Stat. Section 537.600 et seq.:
Claims against Missouri governmental entities require compliance with specific notice requirements. Generally, written notice must be provided within 90 days of the injury for claims against the state, and requirements vary by municipality.
[If applicable:] Proper notice was provided on [Date].
II. PRESERVATION OF EVIDENCE - LITIGATION HOLD NOTICE
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this incident, including:
- All surveillance video footage from the date of incident
- Surveillance footage from 48 hours before and after the incident
- Incident/accident reports
- Maintenance logs and repair records
- Inspection records and checklists
- Cleaning schedules and logs
- Weather records from the date of incident
- Snow removal logs and contracts
- Prior complaints and prior incidents
- Photographs of the incident location
Missouri courts recognize spoliation of evidence claims and may impose sanctions. Baldridge v. Lacks Industries, Inc., 85 S.W.3d 59 (Mo. Ct. App. 2002).
III. STATEMENT OF FACTS
A. The Premises
The incident occurred at [Property Address], which is [describe property type] in [City], [County] County, Missouri. At all relevant times, [Property Owner Name] owned, operated, and/or controlled the subject premises.
B. The Hazardous Condition
On the date of the incident, a dangerous condition existed on the premises: [Describe hazard in detail]
[CUSTOMIZE BASED ON TYPE OF HAZARD:]
Wet/Slippery Floor: A liquid substance was present on the floor creating a slippery surface. There were no warning signs or barriers in place.
Ice/Snow: Ice and/or snow created a hazardous condition at [location]. [If unnatural accumulation, describe how the owner's conduct created or aggravated the condition.]
Uneven Surface/Tripping Hazard: A [defect] created a tripping hazard.
C. The Incident
On [Date of Incident], at approximately [Time], our client was [describe activity] when [he/she] [describe the fall]:
[Detailed narrative]
IV. LIABILITY ANALYSIS
A. Duty of Care
As a business invitee, our client was owed the highest duty of care under Missouri law. Your insured was required to exercise reasonable care to maintain the premises in a reasonably safe condition and to protect invitees from known or discoverable dangers. Harris v. Niehaus, 857 S.W.2d 222 (Mo. 1993).
B. Breach of Duty
Your insured breached this duty by:
-
Failure to Maintain Safe Premises:
[Describe specific failures] -
Actual or Constructive Knowledge:
Your insured [created the hazardous condition / had actual knowledge of the condition / had constructive knowledge because the condition existed for a sufficient period that it should have been discovered through ordinary care].
Keveney v. Missouri Military Academy, 304 S.W.3d 98 (Mo. 2010).
C. The Condition Was Not Open and Obvious
The hazardous condition was not open and obvious because:
- [Explain why the hazard was not apparent to a reasonable person]
- [Describe any factors that concealed or disguised the danger]
D. Causation
The dangerous condition was the direct and proximate cause of our client's fall and injuries.
E. Comparative Fault Defense
Missouri follows pure comparative fault. Even if the plaintiff bears some fault, recovery is reduced but not barred. However, our client was free from fault:
- [Evidence of due care by client]
V. INJURIES AND MEDICAL TREATMENT
A. Immediate Injuries
Primary Diagnoses:
- [Injury 1]
- [Injury 2]
- [Injury 3]
B. Medical Treatment
Emergency Treatment:
[Details]
Subsequent Treatment:
[Details]
C. Current Status and Prognosis
[Current condition and prognosis]
VI. DAMAGES
A. Past Medical Expenses
| Provider | Service Dates | Amount Billed |
|---|---|---|
| [Provider] | [Date] | $[Amount] |
| TOTAL PAST MEDICAL | $[Total] |
B. Future Medical Expenses
| Future Treatment | Estimated Cost |
|---|---|
| [Treatment] | $[Amount] |
| TOTAL FUTURE MEDICAL | $[Total] |
C. Lost Wages
| Category | Amount |
|---|---|
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
D. Non-Economic Damages
Missouri does not cap non-economic damages in premises liability cases. Our client has experienced:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- [Other non-economic damages]
E. Summary of Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earnings | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| TOTAL DAMAGES | $[Grand Total] |
VII. SETTLEMENT DEMAND
Based upon the liability of your insured, the severity of our client's injuries, and the 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 wage verification
- Weather records (if applicable)
IX. CONCLUSION
The evidence establishes clear liability under Missouri law. Your insured failed to maintain safe premises and our client was injured as a direct result. We urge prompt resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Missouri Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
File
MISSOURI-SPECIFIC PRACTICE NOTES
-
Five-Year Statute of Limitations: Missouri has one of the longest statutes of limitations for personal injury claims.
-
Pure Comparative Fault: Missouri allows recovery regardless of plaintiff's percentage of fault (reduced accordingly).
-
No Damage Caps (Premises Liability): Missouri's non-economic damage caps apply only to medical malpractice cases, not premises liability.
-
Joint and Several Liability: Abolished in most cases. Each defendant liable only for their percentage of fault unless defendant is more than 51% at fault.
-
Punitive Damages: Available with clear and convincing evidence of evil motive or reckless indifference.
-
Natural vs. Unnatural Accumulation: Important distinction for snow/ice cases.
-
Venue: County where defendant resides or where cause of action arose. Mo. Rev. Stat. Section 508.010.