DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF MISSISSIPPI

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

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, Mississippi. This letter constitutes our formal demand for settlement.

I. MISSISSIPPI-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Mississippi Code Annotated Section 15-1-49, the statute of limitations for personal injury claims 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. Mississippi Pure Comparative Negligence

Mississippi follows pure comparative negligence under Miss. Code Ann. Section 11-7-15. 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 reasonable care and bears no fault for this incident.

C. Mississippi Premises Liability Standards

Traditional Classifications Apply:
Mississippi retains the common law classifications of entrants:

1. Invitees (Business Visitors):
A property owner owes invitees the duty to:
- Keep the premises reasonably safe
- Conduct reasonable inspections to discover dangerous conditions
- Warn of or correct known dangers

Pigg v. Express Hotel Partners, LLC, 991 So. 2d 1197 (Miss. 2008).

2. Standard of Care:
To establish liability, a plaintiff must prove that:
1. The defendant had actual or constructive knowledge of the dangerous condition
2. The condition posed an unreasonable risk of harm
3. The defendant failed to exercise reasonable care to protect against the danger
4. The breach was a proximate cause of the plaintiff's injuries

Downs v. Choo, 656 So. 2d 84 (Miss. 1995).

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

D. Mississippi "Open and Obvious" Doctrine

Mississippi recognizes the open and obvious doctrine. A property owner generally has no duty to warn of conditions that are open and obvious. However, the doctrine does not apply if:

1. The dangerous condition is not actually apparent to a reasonable person
2. The owner should anticipate that the invitee may be distracted or fail to notice the danger
3. The owner's conduct created the dangerous condition

Little v. Bell, 719 So. 2d 757 (Miss. 1998).

Here, the hazardous condition was NOT open and obvious because: [Explain].

E. Mississippi Snow and Ice Liability

Note: Snow and ice are relatively rare in Mississippi. When such conditions exist:

Mississippi property owners have a duty of reasonable care regarding snow and ice conditions. Given the infrequency of winter precipitation in Mississippi:
- Property owners may have less experience dealing with such conditions
- Reasonable care is evaluated based on the circumstances
- The rare nature of such conditions may affect the "open and obvious" analysis

[If applicable:] The ice/snow condition in this case [describe circumstances].

F. Mississippi Damage Caps

Under Mississippi Code Annotated Section 11-1-60, non-economic damages are capped at $1,000,000 per plaintiff in civil actions.

Economic damages are not subject to this cap.

G. Notice Requirements for Government Claims

The Mississippi Tort Claims Act (Miss. Code Ann. Section 11-46-1 et seq.) requires that notice of claims against governmental entities be filed within one (1) year of the incident. Miss. Code Ann. Section 11-46-11.

[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
• Prior complaints and prior incidents
• Photographs of the incident location

Mississippi courts recognize spoliation of evidence claims. Dowdle Butane Gas Co. v. Moore, 831 So. 2d 1124 (Miss. 2002). Failure to preserve evidence may result in adverse inference instructions and sanctions.

III. STATEMENT OF FACTS

A. The Premises

The incident occurred at [Property Address], which is [describe property type] in [City], [County] County, Mississippi. 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.

Uneven Surface/Tripping Hazard: A [defect] created a tripping hazard.

Defective Stairs/Steps: The stairway at [location] was defective due to [describe defect].

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 Mississippi law. Your insured was required to keep the premises reasonably safe and to warn of or correct dangerous conditions. Pigg v. Express Hotel Partners, LLC, 991 So. 2d 1197 (Miss. 2008).

B. Breach of Duty

Your insured breached this duty by:

1. Failure to Maintain Safe Premises:
   [Describe specific failures]

2. 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].

C. The Condition Was Not Open and Obvious

The hazardous condition was not open and obvious because:
- [Explain why the hazard was not apparent]
- [Describe factors that concealed the danger]

D. Causation

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

E. Comparative Negligence Defense

Mississippi follows pure comparative negligence, allowing recovery even if the plaintiff bears some fault. 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

B. Future Medical Expenses

C. Lost Wages

D. Non-Economic Damages

Note: Mississippi caps non-economic damages at $1,000,000 per plaintiff.

Our client has experienced:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- [Other non-economic damages]

E. Summary of Damages

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

IX. CONCLUSION

The evidence establishes clear liability under Mississippi 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]
Mississippi Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

MISSISSIPPI-SPECIFIC PRACTICE NOTES

• Pure Comparative Negligence: Mississippi allows recovery regardless of plaintiff's percentage of fault (reduced by percentage of fault).

• Non-Economic Damage Cap: $1,000,000 per plaintiff under Miss. Code Ann. Section 11-1-60.

• Joint and Several Liability: Abolished for most cases. Each defendant liable only for their percentage of fault.

• Punitive Damages: Available only with clear and convincing evidence. Capped at greater of $20 million or 2% of defendant's net worth (individual) or 4% (corporation).

• Pre-Suit Requirements: No mandatory pre-suit requirements for standard premises liability cases.

• Venue: County where defendant resides or where cause of action arose. Miss. Code Ann. Section 11-11-3.