DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL
STATE OF NEW HAMPSHIRE
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, New Hampshire ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of New Hampshire
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 [Town/City], [County] County, New Hampshire. This letter constitutes our formal demand for settlement.
I. NEW HAMPSHIRE-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under New Hampshire Revised Statutes Annotated Section 508:4, 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. New Hampshire Comparative Negligence
New Hampshire follows modified comparative negligence under N.H. Rev. Stat. Ann. Section 507:7-d. A plaintiff's damages are reduced by their percentage of fault. However, a plaintiff whose negligence is greater than the combined negligence of all defendants is barred from recovery (i.e., plaintiff must be 50% or less at fault to recover).
Our client was exercising all reasonable care and bears no fault for this incident.
C. New Hampshire Premises Liability Standards
Unified Duty of Reasonable Care:
New Hampshire has abolished the traditional common law distinctions between invitees, licensees, and trespassers. In Ouellette v. Blanchard, 116 N.H. 552, 364 A.2d 631 (1976), the New Hampshire Supreme Court adopted a single standard of reasonable care owed to all lawful visitors.
Under this standard, a property owner has a duty to exercise reasonable care to maintain the property in a reasonably safe condition, considering:
- The foreseeability of harm to visitors
- The likelihood of injury
- The burden of taking precautions
- The nature of the property and its use
See Pesaturo v. Kinne, 161 N.H. 550, 20 A.3d 284 (2011).
D. New Hampshire "Open and Obvious" Doctrine
New Hampshire applies the open and obvious doctrine as a factor in the reasonableness analysis, not as an absolute bar to liability. The openness and obviousness of a danger is relevant to:
1. Whether the landowner exercised reasonable care
2. Whether the plaintiff was comparatively negligent
Ahrendt v. Granite Bank, 144 N.H. 308, 740 A.2d 1058 (1999).
Here, the hazardous condition was NOT open and obvious because: [Explain].
E. New Hampshire Snow and Ice Liability
Critical: Natural Accumulation Rule ABOLISHED
In Pesaturo v. Kinne, 161 N.H. 550, 20 A.3d 284 (2011), the New Hampshire Supreme Court abolished the natural accumulation rule. Property owners now owe a duty of reasonable care to remove or remediate snow and ice.
Key Principles Post-Pesaturo:
1. Property owners must use reasonable care under all circumstances regarding snow and ice
2. The "natural accumulation" defense is no longer available
3. Courts apply a standard negligence analysis considering:
- Time elapsed since the storm ended
- Weather conditions
- Resources reasonably available
- Nature and use of the property
- Foreseeability of harm
This represents a significant change in New Hampshire law and makes premises liability claims for snow and ice injuries more viable.
[If snow/ice case:] Your insured failed to exercise reasonable care in addressing the snow and ice accumulation at the subject premises. Under Pesaturo v. Kinne, your insured cannot rely on the natural accumulation defense.
F. Notice Requirements for Government Claims
New Hampshire Claims Against the State (N.H. Rev. Stat. Ann. Section 541-B):
Claims against the State of New Hampshire require filing a claim with the Secretary of State within 180 days of the injury.
Municipal Claims:
Claims against New Hampshire municipalities may have varying notice requirements. Check local ordinances and N.H. Rev. Stat. Ann. Section 507-B.
[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, contracts, and salt/sand application records
- Prior complaints and prior incidents
- Photographs of the incident location
New Hampshire courts recognize spoliation of evidence and may impose sanctions, including adverse inference instructions.
III. STATEMENT OF FACTS
A. The Premises
The incident occurred at [Property Address], which is [describe property type] in [Town/City], [County] County, New Hampshire. 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]. Under Pesaturo v. Kinne, your insured had a duty to exercise reasonable care to address this hazard. The last precipitation ended on [date/time], and [describe circumstances demonstrating unreasonable delay or failure to act].
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
Under New Hampshire's unified standard established in Ouellette v. Blanchard, 116 N.H. 552, 364 A.2d 631 (1976), your insured owed our client a duty to exercise reasonable care to maintain the premises in a reasonably safe condition.
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. Failure to Exercise Reasonable Care with Snow/Ice:
Under Pesaturo v. Kinne, 161 N.H. 550, 20 A.3d 284 (2011), your insured was required to exercise reasonable care regarding snow and ice. Your insured failed to:
- Clear the area within a reasonable time after precipitation ended
- Apply adequate salt, sand, or de-icing agents
- Warn of the hazardous condition
- Implement reasonable snow removal procedures
C. The Condition Was Not Open and Obvious
Under New Hampshire law, the openness of a condition is a factor, not an absolute bar. Here:
- The hazard was not apparent to a reasonable person because [explain]
- Even if partially visible, your insured should have anticipated harm because [explain]
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
New Hampshire 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 New Hampshire law. Your insured failed to maintain safe premises and our client was injured as a direct result.
[If snow/ice case:] The Pesaturo decision makes clear that property owners in New Hampshire can no longer hide behind the natural accumulation defense. Your insured had a duty of reasonable care that was breached.
We urge prompt resolution.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
New Hampshire Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
File
NEW HAMPSHIRE-SPECIFIC PRACTICE NOTES
-
Pesaturo v. Kinne (2011): Abolished the natural accumulation rule for snow and ice. Property owners must now exercise reasonable care to address snow/ice hazards.
-
Ouellette v. Blanchard (1976): Unified duty of reasonable care owed to all lawful visitors.
-
Modified Comparative Negligence: Plaintiff must be 50% or less at fault to recover.
-
No Damage Caps: New Hampshire does not cap economic or non-economic damages in personal injury cases.
-
Joint and Several Liability: New Hampshire has abolished joint and several liability. Each defendant liable only for their percentage of fault. N.H. Rev. Stat. Ann. Section 507:7-e.
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Punitive Damages: Available only in limited circumstances with proof of malice or conduct that is wanton, malicious, or oppressive. N.H. Rev. Stat. Ann. Section 507:16.
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Pre-Suit Screening Panels: New Hampshire has mandatory screening panels for medical malpractice cases, but not for general premises liability.
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Venue: County where defendant resides or where cause of action arose.