DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL
STATE OF NEBRASKA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Nebraska ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Nebraska
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, Nebraska. This letter constitutes our formal demand for settlement.
I. NEBRASKA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under Nebraska Revised Statutes Section 25-207, the statute of limitations for personal injury claims is four (4) 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. Nebraska Comparative Negligence
Nebraska follows modified comparative negligence under Neb. Rev. Stat. Section 25-21,185.09. A plaintiff's damages are reduced by their percentage of fault. A plaintiff whose negligence is equal to or greater than the negligence of the defendant is barred from recovery (i.e., plaintiff must be less than 50% at fault).
Our client was exercising all reasonable care and bears no fault for this incident.
C. Nebraska Premises Liability Standards
Traditional Classifications Apply:
Nebraska retains the common law classifications of entrants:
1. Invitees (Business Visitors):
A property owner owes invitees the duty to:
- Exercise reasonable care in maintaining the premises in a reasonably safe condition
- Inspect the premises to discover dangerous conditions
- Either make the premises safe or warn invitees of dangerous conditions
Heins v. Webster County, 250 Neb. 149, 552 N.W.2d 51 (1996).
2. Standard of Care:
To establish liability, a plaintiff must prove:
1. The defendant knew or in the exercise of reasonable care should have known of the dangerous condition
2. The defendant should have anticipated that invitees would not discover or realize the danger
3. The defendant failed to take reasonable care to protect invitees
Sundermann v. Hy-Vee, Inc., 306 Neb. 749, 947 N.W.2d 492 (2020).
Our client was a business invitee, entitled to the highest duty of care.
D. Nebraska "Open and Obvious" Doctrine
Nebraska applies the open and obvious doctrine. A landowner generally has no duty to warn of conditions that are open and obvious. Andres v. City of Ogallala, 294 Neb. 129, 882 N.W.2d 219 (2016).
However, the doctrine does not apply when:
1. The condition is not actually apparent upon reasonable observation
2. The landowner should anticipate harm despite the obviousness
3. The dangerous character of the condition is concealed
Here, the hazardous condition was NOT open and obvious because: [Explain].
E. Nebraska Snow and Ice Liability
Natural Accumulation Rule:
Nebraska follows the natural accumulation rule. Property owners generally have no duty to remove naturally accumulating snow and ice. Sundermann v. Hy-Vee, Inc., 306 Neb. 749, 947 N.W.2d 492 (2020).
Exceptions to the Rule:
1. Unnatural Accumulation: If the property owner's actions create an unnatural accumulation or aggravate a natural condition, liability may attach. Id.
2. Voluntary Undertaking: If the property owner undertakes to remove snow/ice and does so negligently, creating a more dangerous condition, liability may attach.
3. Contractual Duty: If the property owner has assumed a duty by contract.
[If snow/ice case - choose applicable theory:]
[If unnatural accumulation:] The hazardous condition was NOT a natural accumulation because [describe how owner's conduct created or aggravated the condition - e.g., water drainage creating ice, improper grading, plowed snow creating ice, etc.].
[If negligent undertaking:] Your insured undertook to remove snow/ice but did so negligently, creating a more dangerous condition by [describe negligent removal].
F. Notice Requirements for Government Claims
Nebraska Political Subdivisions Tort Claims Act (Neb. Rev. Stat. Section 13-901 et seq.):
Claims against Nebraska political subdivisions require written notice within one (1) year of the injury. Neb. Rev. Stat. Section 13-919.
Nebraska State Tort Claims Act (Neb. Rev. Stat. Section 81-8,209 et seq.):
Claims against the State of Nebraska require written notice within two (2) years of the injury.
[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
Nebraska courts recognize spoliation of evidence claims and may impose sanctions, including adverse inference instructions. Neb. Revised Stat. Section 25-21,207.
III. STATEMENT OF FACTS
A. The Premises
The incident occurred at [Property Address], which is [describe property type] in [City], [County] County, Nebraska. 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 (Unnatural Accumulation): Ice and/or snow created a hazardous condition at [location]. This was an unnatural accumulation because [describe how owner's conduct created the condition].
Ice/Snow (Negligent Removal): Your insured undertook to remove snow/ice but did so negligently, creating a more dangerous condition by [describe].
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 Nebraska law. Your insured was required to exercise reasonable care to maintain the premises in a reasonably safe condition and to protect invitees from dangers of which the owner knew or should have known. Heins v. Webster County, 250 Neb. 149, 552 N.W.2d 51 (1996).
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 reasonable care].
[If snow/ice case:]
3. Exception to Natural Accumulation Rule:
[Describe applicable exception - unnatural accumulation, negligent removal, or contractual duty].
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 Rejected
Our client was free from fault:
- [Evidence of due care by client]
- Our client had no reason to anticipate the hazard
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
Nebraska does not cap non-economic damages in personal injury 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 Nebraska 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]
Nebraska State Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
File
NEBRASKA-SPECIFIC PRACTICE NOTES
-
Four-Year Statute of Limitations: Nebraska provides four years for personal injury claims.
-
Modified Comparative Negligence: Plaintiff must be less than 50% at fault to recover (equal fault bars recovery).
-
Natural Accumulation Rule: Nebraska follows this rule for snow/ice but recognizes important exceptions for unnatural accumulations and negligent removal.
-
No Damage Caps: Nebraska does not cap economic or non-economic damages in personal injury cases.
-
Joint and Several Liability: Nebraska has abolished joint and several liability in most cases; each defendant liable only for their percentage of fault.
-
Punitive Damages: Not available in Nebraska (constitutionally prohibited).
-
Venue: County where defendant resides or where cause of action arose. Neb. Rev. Stat. Section 25-403.