Slip and Fall / Premises Liability Demand Letter - New Hampshire
DEMAND FOR SETTLEMENT — PREMISES INJURY
[FIRM OR CLAIMANT]
[ADDRESS]
[PHONE] | [EMAIL]
Date: [__/__/____]
To: [PROPERTY OWNER, INSURER, OR COUNSEL; ADDRESS]
Re: [CLAIMANT] / [PROPERTY AND CLAIM NUMBER]
Fall date and location: [__/__/____]; [ADDRESS AND PRECISE SPOT]
Dear [RECIPIENT]:
I represent [CLAIMANT] regarding the fall at [LOCATION]. This letter offers to settle the identified claim for $[AMOUNT], subject to a mutually reviewed written agreement. The account below must be supported by the identified records before sending.
1. Property, hazard, and incident
Persons or entities that owned, occupied, maintained, or controlled the area: [NAMES, ROLES, AND SUPPORT]. Identify the actual defendant and each person's relationship to the location; this demand does not assume that title ownership alone decides liability.
Condition and origin: [DESCRIBE THE SURFACE, OBJECT, WEATHER, LIGHTING, ACCESS, AND WHEN THE CONDITION FIRST APPEARED].
Claimant's entry and conduct: [WHY PRESENT, ROUTE, FOOTWEAR, SPEED, ATTENTION, AND OTHER RELEVANT FACTS].
Notice and precautions evidence: [PRIOR REPORTS, OBSERVATIONS, INSPECTIONS, MAINTENANCE RECORDS, WEATHER DATA, VIDEO, WARNINGS, AND AVAILABLE ALTERNATIVE ROUTES]. State what the recipient actually knew, or what the identified facts suggest reasonable care would have revealed. Do not treat an unknown hazard duration as conclusive proof of notice.
Incident sequence: [TIME, MOVEMENT, CONTACT, FALL, WITNESSES, AND IMMEDIATE OBSERVATIONS].
The New Hampshire Supreme Court explained in Rallis v. Demoulas Super Markets, Inc., 159 N.H. 95 (2009), that a premises owner owes entrants ordinary care to keep premises reasonably safe, warn of dangerous conditions, and take reasonable precautions against foreseeable danger. The owner may face liability for carrying out its activities without reasonable care or for failing to remedy or warn of a dangerous condition it knew of, or should have known of through reasonable care. Rallis also explains that constructive knowledge may be shown by more than the length of time an item was on the floor. This demand applies those rules to the facts identified above, rather than asserting that every fall proves negligence.
2. Injury and causation
Injuries claimed: [DIAGNOSES AND DATE FIRST DOCUMENTED].
Treatment: [PROVIDER, DATE, SERVICE, RECORD REFERENCE].
Preexisting conditions or alternative causes reviewed: [FACTS AND MEDICAL SUPPORT].
Current limitations and prognosis: [SPECIFIC FACTS AND PROVIDER SUPPORT].
Causal explanation: [HOW THE INCIDENT CAUSED OR AGGRAVATED EACH CLAIMED CONDITION, WITH RECORD OR QUALIFIED OPINION].
3. Comparative fault and multiple parties
RSA 507:7-d permits recovery if the claimant's fault is not greater than the defendant's fault, or the defendants' aggregate fault if recovery is allowed against more than one defendant; the allowed award is reduced by the claimant's fault percentage. For negotiation, the proposed allocation is [IDENTIFY EVERY RELEVANT PERSON, SHARE, AND FACTUAL BASIS]. If multiple defendants are involved, § 507:7-e(I)(b) generally makes a party below 50 percent at fault liable only for its attributable damages; subsection (I)(c) separately addresses parties knowingly involved in a common plan or design causing the harm. Do not assert a common plan without specific support.
4. Documented losses and offer
| Claimed item | Amount | Record and calculation | Open issue |
|---|---|---|---|
| Medical charges incurred | $[____] | [ITEMIZED BILLS] | [PAID / UNPAID / DISPUTED] |
| Future care, if supported | $[____] | [PROVIDER OPINION / ESTIMATE] | [STATUS] |
| Wage or earning loss | $[____] | [PAY RECORDS AND CALCULATION] | [STATUS] |
| Other economic loss | $[____] | [RECEIPTS] | [STATUS] |
| Non-economic harm proposed for settlement | $[____] | [SPECIFIC EFFECTS AND DURATION] | [STATUS] |
| Total proposed valuation | $[____] | [RECONCILE DUPLICATES] |
The offer is $[AMOUNT] to resolve [IDENTIFY CLAIMS AND PARTIES]. Its payment, release, lien, reimbursement, confidentiality, and tax terms remain for written agreement. No release is agreed by this letter alone.
5. Deadlines and evidence
Counsel-confirmed filing deadline: [__/__/____], calculated from [CLAIM TYPE, ACT OR OMISSION DATE, INJURY AND CAUSAL DISCOVERY, DILIGENCE, SPECIAL LAW, TOLLING, AND SOURCE]. RSA 508:4(I) provides a general three-year period for personal actions, except as otherwise provided by law, and a discovery branch when injury and causal relationship could not reasonably have been discovered at the act or omission. The date of fall by itself does not establish every claim's final filing deadline. This offer does not extend that deadline.
Public-entity screen: [PRIVATE OWNER CONFIRMED / PUBLIC ENTITY OR EMPLOYEE INVOLVED]. If a state agency or local governmental unit may be responsible, counsel must separately determine the applicable notice, claim, venue, immunity, and damages rules before this private-premises version is sent. This form supplies no public-entity deadline or cap.
Please preserve relevant nonprivileged video, photographs, inspection and maintenance records, incident reports, communications, and witness identities in your possession or control. This is a request; it does not itself decide any preservation duty, production obligation, or sanction.
Please respond by [__/__/____] to [EMAIL / ADDRESS], identifying any disputed fact or loss item and the records supporting your position. That date is a requested negotiation date, not a statutory period.
Sincerely,
[NAME]
[ROLE / BAR NUMBER IF COUNSEL]
[CONTACT]
Attachments
| Item | Description and date |
|---|---|
| A | [INCIDENT RECORDS / PHOTOGRAPHS] |
| B | [MEDICAL RECORDS AND ITEMIZED BILLS] |
| C | [INCOME, EXPENSE, AND OTHER LOSS SUPPORT] |
| D | [OTHER SUPPORT] |
Sources: RSA 507:7-d · RSA 507:7-e · RSA 508:4 · Rallis opinion.
About this template
- Last updated
- September 23, 2026
- Citations checked
- September 23, 2026
- Jurisdiction
- New Hampshire
- Category
- Demand Letters
Legal authority
- RSA 507:7-d (comparative fault for injury and property-damage torts)
- RSA 507:7-e(I)(b)-(c) (apportionment and common-plan rule)
- RSA 508:4(I) (general three-year period with discovery provision, except as otherwise provided by law)
- Rallis v. Demoulas Super Markets, Inc., 159 N.H. 95, 977 A.2d 527 (2009) (premises owner reasonable care and constructive notice)
A demand letter is a formal written request to fix a problem or pay what is owed, sent before anyone files a lawsuit. It gives the other side a real chance to settle, creates a record of your attempt to resolve things, and in many cases (unpaid debts, insurance claims, broken contracts) starts a legally required response window. A well-written demand letter lays out what happened, what you want, and a deadline to act, which is often enough to get results without ever going to court.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on September 23, 2026.
RSA 507:7-d (checked September 23, 2026): "Contributory fault shall not bar recovery in an action by any plaintiff or plaintiff's legal representative, to recover damages in tort for death, personal injury or property damage, if such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant, but the damages awarded shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict."
RSA 507:7-e(I)(b) (checked September 23, 2026): "Enter judgment against each party liable on the basis of the rules of joint and several liability, except that if any party shall be less than 50 percent at fault, then that party's liability shall be several and not joint and he shall be liable only for the damages attributable to him."
RSA 507:7-e(I)(c) (checked September 23, 2026): "RSA 507:7-e, I(b) notwithstanding, in all cases where parties are found to have knowingly pursued or taken active part in a common plan or design resulting in the harm, grant judgment against all such parties on the basis of the rules of joint and several liability."
RSA 508:4(I) (checked September 23, 2026): "Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of, except that when the injury and its causal relationship to the act or omission were not discovered and could not reasonably have been discovered at the time of the act or omission, the action shall be commenced within 3 years of the time the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its causal relationship to the act or omission complained of."
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