DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL
STATE OF NEW JERSEY
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, New Jersey ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of New Jersey
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]
Property Manager: [Management Company Name, if applicable]
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 [County] County, New Jersey. This letter constitutes our formal demand for settlement and provides a comprehensive analysis of liability under New Jersey law, our client's injuries, and damages.
I. NEW JERSEY-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under New Jersey Statutes Annotated Section 2A:14-2, the statute of limitations for personal injury claims, including premises liability, is two (2) years from the date of injury. This incident occurred on [Date], and therefore the limitations period expires on [Expiration Date].
For claims against public entities: Under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, a Notice of Claim must be filed within ninety (90) days of the accrual of the claim. [If applicable: We have complied with this requirement by filing notice on [Date].]
B. Premises Liability Duty Standards Under New Jersey Law
New Jersey has adopted the Restatement (Second) of Torts Sections 343 and 343A for premises liability. Under Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993), a property owner/occupier owes a duty to exercise reasonable care for the safety of all persons invited upon the premises.
For Business Invitees: Property owners owe the highest duty of care:
- A duty to discover and eliminate dangerous conditions or warn of their existence
- A duty to conduct reasonable inspections to discover latent hazards
- A duty to maintain the premises in a reasonably safe condition
See Parks v. Rogers, 176 N.J. 491, 498 (2003).
C. Modified Comparative Negligence
New Jersey follows modified comparative negligence under N.J.S.A. 2A:15-5.1. A plaintiff may recover damages only if the plaintiff's negligence is not greater than the combined negligence of all defendants. Recovery is reduced by the plaintiff's percentage of fault.
Our client bears no responsibility for this incident. [He/She] was exercising reasonable care at the time of the fall.
D. Snow and Ice Liability in New Jersey
New Jersey follows the commercial landowner rule for snow and ice. Under Mirza v. Filmore Corp., 92 N.J. 390 (1983), commercial property owners have a duty to remove snow and ice from their premises within a reasonable time after precipitation has ended.
Unlike some states, New Jersey does not follow the "natural accumulation" rule that would immunize landowners for naturally occurring ice and snow. Luchejko v. City of Hoboken, 207 N.J. 191 (2011).
Residential Property: Under Mirza, residential property owners generally owe no duty to remove natural accumulations of snow and ice from sidewalks unless a municipal ordinance requires it, or unless the owner has created or exacerbated the hazard.
[If ice/snow case:] The hazardous condition at issue was [an unnatural accumulation / allowed to remain unreasonably long after the storm ended on [Date] / created or exacerbated by defendant's actions].
E. Mode of Operation Doctrine
New Jersey recognizes the mode of operation doctrine under Nisivoccia v. Glass Gardens, Inc., 175 N.J. 559 (2003). Under this doctrine, self-service commercial establishments have constructive notice of hazards that are foreseeable consequences of their business operations, eliminating the need to prove actual or constructive notice.
II. PRESERVATION OF EVIDENCE - LITIGATION HOLD NOTICE
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this incident and the subject premises, including but not limited to:
- All surveillance video footage from the date of incident (interior and exterior cameras)
- Surveillance footage from 48 hours before and after the incident
- Incident/accident reports prepared by employees or management
- Witness statements taken at the time of incident
- Maintenance logs and repair records for the area of the fall
- Inspection records and checklists for the date of incident and prior 12 months
- Cleaning schedules and logs
- Weather records and reports from the date of incident
- Prior complaints regarding the hazardous condition
- Prior incidents or falls at the same or similar location
- Work orders and maintenance requests for the area
- Photographs of the incident location
- Written policies and procedures for maintenance, inspection, and safety
- Training records for employees responsible for premises safety
- All communications regarding the incident
- Insurance policies applicable to this claim
New Jersey courts impose sanctions for spoliation of evidence, including adverse inference instructions and, in egregious cases, dismissal or default. Rosenblit v. Zimmerman, 166 N.J. 391 (2001).
III. STATEMENT OF FACTS
A. The Premises
The incident occurred at [Property Address], which is [describe property type - e.g., "a retail shopping center," "a grocery store," "a restaurant," "an apartment complex," "an office building," "a hotel," etc.]. At all relevant times, [Property Owner Name] owned, operated, possessed, maintained, and/or controlled the subject premises.
[If property manager involved:]
[Management Company Name] was responsible for the day-to-day management, maintenance, inspection, and safety of the premises pursuant to [a management agreement / lease terms].
B. The Hazardous Condition
On the date of the incident, a dangerous and hazardous condition existed on the premises, specifically: [Describe the hazardous condition in detail]
[CUSTOMIZE BASED ON TYPE OF HAZARD:]
-
Wet/Slippery Floor: A liquid substance [water / spilled merchandise / cleaning solution / grease / ice / snow melt] was present on the floor in the [specific location], creating an extremely slippery and dangerous walking surface. There were no warning signs, cones, or barriers in place to alert invitees to this hazard.
-
Uneven Walking Surface: A raised or uneven section of [flooring / sidewalk / parking lot / threshold / carpet] created a tripping hazard. The elevation change was [describe height differential] and was not marked, repaired, or remediated.
-
Snow/Ice Accumulation: Snow and/or ice had accumulated at [location] and had not been properly cleared, salted, or remediated despite adequate time following the precipitation event that ended on [Date/Time].
-
Defective Stairs/Steps: The [stairway / steps] at [location] were defective and dangerous due to [describe defect].
-
Inadequate Lighting: The [location] was inadequately lit, obscuring the hazardous condition.
C. The Incident
On [Date of Incident], at approximately [Time], our client was [describe what client was doing] when [describe the fall]:
[Detailed narrative of the incident]
D. Response to the Incident
[Describe what happened after the fall]
IV. LIABILITY ANALYSIS
A. Duty of Care Under New Jersey Law
Under Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993), and the Restatement (Second) of Torts Sections 343 and 343A, [Property Owner Name] owed our client, a business invitee, the following duties:
- To discover and eliminate dangerous conditions or to warn of their existence
- To conduct reasonable inspections to discover latent hazards
- To maintain the premises in a reasonably safe condition
- To warn of known dangerous conditions that the invitee could not reasonably discover
B. Breach of Duty
Your insured breached these duties by:
1. Actual Knowledge:
[If evidence of actual knowledge - describe]
2. Constructive Knowledge:
Under New Jersey law, constructive notice exists when a dangerous condition has existed for such a length of time that the owner, in the exercise of due care, should have known of its existence. Parmenter v. Jarvis Drug Stores, Inc., 48 N.J. Super. 507 (App. Div. 1957).
[Include evidence of constructive notice]
3. Mode of Operation (If Applicable):
Under Nisivoccia v. Glass Gardens, Inc., 175 N.J. 559 (2003), your insured's self-service operation eliminates the need for our client to prove notice. The hazard was a foreseeable consequence of the business operation.
C. Causation
The dangerous condition described above was the direct and proximate cause of our client's fall and resulting injuries under New Jersey law.
D. Comparative Fault Defense - Inapplicable
We anticipate an assertion of comparative negligence. This defense fails:
- Our client was exercising reasonable care for [his/her] own safety
- The hazard was not open and obvious - Restatement (Second) of Torts Section 343A
- [Additional reasons comparative fault does not apply]
V. INJURIES AND MEDICAL TREATMENT
A. Summary of Injuries
As a direct and proximate result of the fall, our client sustained the following injuries:
[List primary diagnoses]
B. Treatment Chronology
Emergency Care - [Date]:
[Details]
Surgical Intervention (If Applicable):
[Details]
Follow-Up Care:
[Details]
Physical Therapy/Rehabilitation:
[Details]
C. Current Status and Prognosis
[Describe 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 and Earning Capacity
| Category | Amount |
|---|---|
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
D. Pain and Suffering / Non-Economic Damages
New Jersey permits full recovery for pain and suffering in premises liability cases. There are no caps on non-economic damages. Our client has suffered and continues to suffer:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- [Additional non-economic damages]
E. Summary of Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL DAMAGES | $[Grand Total] |
VII. GOVERNMENT ENTITY CLAIMS
[USE THIS SECTION ONLY IF DEFENDANT IS GOVERNMENT ENTITY]
This claim involves a [municipal / county / state] entity. We have complied with the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq.:
- Notice of Claim filed on [Date] within 90 days of accrual
- Notice served on [Entity Name and Address]
- The six-month waiting period [has expired / expires on Date]
Note: Under N.J.S.A. 59:4-2, public entities are liable for dangerous conditions of public property under specific circumstances, including actual or constructive notice.
VIII. SETTLEMENT DEMAND
A. Demand Amount
Based upon the clear liability of your insured, the severity of our client's injuries, and the substantial damages incurred, we hereby demand the sum of:
$[DEMAND AMOUNT]
B. Time for Response
This demand will remain open for thirty (30) days from the date of this letter, through and including [Expiration Date].
Failure to respond or failure to make a reasonable offer will result in immediate filing of suit in the Superior Court of New Jersey, [County] County.
C. Offer of Judgment Considerations
Please be aware that New Jersey Court Rule 4:58 provides for fee-shifting when a claimant obtains a verdict more favorable than a rejected offer of judgment. We reserve all rights under this rule.
IX. DOCUMENTATION ENCLOSED
- Complete medical records from all treating providers
- Itemized medical bills
- Photographs of the incident location
- Photographs of injuries
- Incident report (if obtained)
- Employment records and wage verification
- Weather records (if applicable)
- HIPAA authorizations
X. CONCLUSION
The evidence in this case establishes clear and indisputable liability under New Jersey premises liability law. The dangerous condition was either created by your insured or existed long enough that it should have been discovered and remediated. Our client, who was lawfully on the premises as an invitee and exercising reasonable care, was seriously injured as a direct result of your insured's negligence.
I look forward to your prompt response.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
New Jersey Attorney ID No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
[File]
NEW JERSEY-SPECIFIC PRACTICE NOTES
-
Modified Comparative Negligence: Recovery barred if plaintiff more than 50% at fault. N.J.S.A. 2A:15-5.1.
-
Mode of Operation Doctrine: Eliminates notice requirement for self-service establishments. Nisivoccia v. Glass Gardens, Inc., 175 N.J. 559 (2003).
-
Snow/Ice: Commercial owners must remove within reasonable time after storm ends. Mirza v. Filmore Corp., 92 N.J. 390 (1983). No natural accumulation rule applies.
-
Tort Claims Act: 90-day notice required for public entities. N.J.S.A. 59:8-8.
-
Joint and Several Liability: Abolished for most cases; defendants pay only their percentage share unless greater than 60% at fault. N.J.S.A. 2A:15-5.3.
-
Prejudgment Interest: Available from date of filing under N.J. Court Rule 4:42-11.
-
Offer of Judgment: R. 4:58 provides fee-shifting mechanism.