DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL
STATE OF NEW YORK
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, New York ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of New York
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 York. This letter constitutes our formal demand for settlement and provides a comprehensive analysis of liability under New York law, our client's injuries, and damages.
I. NEW YORK-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under New York Civil Practice Law and Rules Section 214(5), the statute of limitations for personal injury claims, including premises liability, is three (3) years from the date of injury. This incident occurred on [Date], and therefore the limitations period expires on [Expiration Date].
For claims against municipal entities: Under General Municipal Law Section 50-e, a Notice of Claim must be filed within ninety (90) days of the incident. Additionally, suit must be commenced within one year and ninety days under General Municipal Law Section 50-i. [If applicable: We have complied with this requirement by filing notice on [Date].]
For claims against the State of New York: Under Court of Claims Act Section 10, claims must be filed within ninety (90) days for property damage and within one year for personal injury.
B. Premises Liability Duty Standards Under New York Law
New York maintains the traditional common law classification of entrants:
Business Invitees (highest duty): Property owners owe invitees a duty to maintain the premises in a reasonably safe condition, to warn of latent dangers, and to exercise reasonable care to discover and remedy dangerous conditions. Basso v. Miller, 40 N.Y.2d 233 (1976).
Licensees: Property owners must refrain from injuring licensees by willful or wanton conduct and must warn of known dangerous conditions not obvious to the licensee.
Trespassers: Property owners must refrain from willful or wanton injury.
Our client was a business invitee entitled to the highest duty of care.
C. Pure Comparative Negligence
New York follows pure comparative negligence under C.P.L.R. Section 1411. A plaintiff may recover damages even if the plaintiff is more at fault than the defendant. Recovery is reduced by the plaintiff's percentage of fault.
Our client bears no responsibility for this incident.
D. Snow and Ice Liability in New York
New York has specific rules regarding snow and ice liability:
Storm in Progress Rule: Under Sherman v. New York State Thruway Authority, 27 N.Y.3d 1019 (2016), a property owner is not required to take protective measures during an ongoing storm or before a reasonable time has elapsed after the storm ends.
Reasonable Time After Storm: Once a storm has ended, property owners must clear snow and ice within a reasonable time. What constitutes "reasonable time" depends on the circumstances.
NYC Administrative Code Section 7-210: In New York City, abutting property owners are liable for negligent failure to remove snow, ice, or other material from sidewalks, shifting liability from the City to property owners.
[If ice/snow case:] The hazardous condition at issue existed [after a reasonable time following the storm that ended on Date / as a result of defendant's negligent snow removal efforts that caused an unnatural accumulation].
E. Notice Requirements
Under New York law, to establish liability, a plaintiff must prove that the defendant:
- Created the dangerous condition; OR
- Had actual notice of the dangerous condition; OR
- Had constructive notice - the condition was visible and apparent, and existed for a sufficient length of time prior to the accident to permit the defendant to discover and remedy it. Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986).
Recurring Condition: A plaintiff may also establish constructive notice by demonstrating a recurring dangerous condition that the defendant routinely left unaddressed. Uhlich v. Canada Dry Bottling Co., 305 A.D.2d 107 (1st Dep't 2003).
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 York courts impose severe sanctions for spoliation of evidence, including striking pleadings, adverse inference charges, and preclusion of evidence. Pegasus Aviation I, Inc. v. Varig Logistica S.A., 26 N.Y.3d 543 (2015).
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.
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] 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 York Law
Under New York law, [Property Owner Name] owed our client, a business invitee, the following duties:
- To maintain the premises in a reasonably safe condition - Basso v. Miller, 40 N.Y.2d 233 (1976)
- To discover and remedy dangerous conditions through reasonable inspection
- To warn of latent dangers that were known or should have been known
- To exercise reasonable care to protect invitees from foreseeable hazards
B. Breach of Duty
Your insured breached these duties by:
1. Created the Condition:
[If defendant created the condition - describe]
2. Actual Notice:
[If evidence of actual knowledge - describe]
3. Constructive Notice:
Under Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986), constructive notice exists when a defect is visible and apparent and exists for a sufficient length of time prior to the accident to permit the defendant's employees to discover and remedy it.
[Include evidence of constructive notice - footprints in spill, dirty appearance, length of time, etc.]
4. Recurring Condition:
[If applicable:] This hazardous condition was a recurring problem that defendant routinely failed to address. Uhlich v. Canada Dry Bottling Co., 305 A.D.2d 107 (1st Dep't 2003).
C. Causation
The dangerous condition described above was the proximate cause of our client's fall and resulting injuries under New York law.
D. Comparative Fault Defense
While New York applies pure comparative negligence, our client was exercising reasonable care:
- Our client was using the premises in a foreseeable manner
- The hazard was not open and obvious
- Our client had no reason to anticipate the dangerous condition
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 York 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]
Municipal Entities (Cities, Counties, Towns, Villages):
This claim involves a municipal entity. We have complied with the General Municipal Law:
- Notice of Claim filed within 90 days pursuant to G.M.L. Section 50-e
- Notice served on [Entity Name] on [Date]
- Suit will be/has been commenced within one year and ninety days per G.M.L. Section 50-i
State of New York:
- Claim filed with the Court of Claims pursuant to Court of Claims Act Section 10
- Notice served on [Date]
NYC-Specific: For sidewalk defects in New York City, liability shifted to abutting property owners under NYC Administrative Code Section 7-210 (effective September 14, 2003).
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 Supreme Court of the State of New York, [County] County.
C. Offer to Compromise Considerations
Please be aware that C.P.L.R. Section 3221 provides for offers to compromise with potential cost-shifting implications. 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 York premises liability law. The dangerous condition was either created by your insured, was known to your insured, or existed for a sufficient time 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.
I look forward to your prompt response.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
New York Attorney Registration No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
[File]
NEW YORK-SPECIFIC PRACTICE NOTES
-
Pure Comparative Negligence: Recovery allowed regardless of plaintiff's fault percentage. C.P.L.R. Section 1411.
-
Notice Requirement: Must prove defendant created condition, had actual notice, or had constructive notice. Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986).
-
Storm in Progress: No duty to address snow/ice during ongoing storm. Sherman v. New York State Thruway Authority, 27 N.Y.3d 1019 (2016).
-
NYC Sidewalk Liability: Property owners responsible for sidewalk maintenance under NYC Admin. Code Section 7-210.
-
Municipal Claims: 90-day Notice of Claim required. G.M.L. Section 50-e.
-
Joint and Several Liability: Applies when defendant 50% or more at fault. C.P.L.R. Section 1601.
-
No Damage Caps: New York does not cap compensatory damages in personal injury cases.
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Collateral Source Rule: Recovery not reduced by collateral source payments. C.P.L.R. Section 4545 (with medical expense exceptions).
-
Venue: County where cause of action arose or where party resides. C.P.L.R. Section 503.