DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Rhode Island ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Rhode Island
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 / City/Town], Rhode Island. This letter constitutes our formal demand for settlement and provides a comprehensive analysis of liability under Rhode Island law, our client's injuries, and damages.
I. RHODE ISLAND-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under Rhode Island General Laws Section 9-1-14, 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 governmental entities: Under R.I. Gen. Laws Section 9-1-25, claims against the State must be brought within three years. Claims against municipalities may require notice under local ordinances or R.I. Gen. Laws Section 45-15-5 et seq. [If applicable: We have complied with applicable notice requirements by providing notice on [Date].]
B. Premises Liability Duty Standards Under Rhode Island Law
Rhode Island maintains the traditional common law classification of entrants:
Business Invitees (highest duty): Property owners owe invitees a duty of reasonable care to maintain the premises in a reasonably safe condition. Under Mariorenzi v. Joseph DiPonte, Inc., 114 R.I. 294 (1975), this duty includes:
- Exercising reasonable care to discover unreasonably dangerous conditions
- Warning of or correcting discovered dangerous conditions
- Conducting reasonable inspections
- Taking reasonable steps to protect invitees from foreseeable harm
Licensees: Property owners owe a duty not to willfully or wantonly injure and to warn of known hidden dangers.
Trespassers: Property owners owe only a duty to refrain from willful or wanton injury.
Our client was a business invitee entitled to the highest duty of care.
C. Pure Comparative Negligence
Rhode Island follows pure comparative negligence under R.I. Gen. Laws Section 9-20-4. A plaintiff may recover damages even if the plaintiff is more at fault than the defendant. Recovery is simply reduced by the plaintiff's percentage of fault.
This is significant - unlike many states, Rhode Island does not bar recovery based on the plaintiff's degree of fault.
Our client bears no responsibility for this incident.
D. Snow and Ice Liability in Rhode Island
Rhode Island does not follow the "natural accumulation" rule. Under Marcotte v. Timberlake, 687 A.2d 866 (R.I. 1997), property owners have a duty to exercise reasonable care in addressing snow and ice hazards.
The analysis focuses on whether the property owner exercised reasonable care under all the circumstances, including:
- Time elapsed since the weather event
- Nature and extent of the accumulation
- Steps taken to address the condition
- Foreseeability of harm
Municipal Sidewalk Ordinances: Many Rhode Island municipalities have ordinances requiring abutting property owners to clear sidewalks. Violation of such ordinances may be evidence of negligence.
[If ice/snow case:] The hazardous ice/snow condition at issue was known or should have been known to the defendant, who failed to exercise reasonable care to protect invitees.
E. Notice Requirements
Under Rhode Island law, to establish liability, a plaintiff must prove:
- The owner created the dangerous condition; OR
- The owner had actual knowledge of the dangerous condition; OR
- The owner had constructive knowledge - the condition existed for a sufficient time that the owner, in the exercise of reasonable care, should have discovered it. Salk v. Alpine Ski Shop, Inc., 115 R.I. 309 (1975).
Mode of Operation: Rhode Island recognizes the mode of operation doctrine. Under Sheehan v. Roche Bros. Supermarkets, Inc., 863 A.2d 1261 (R.I. 2004), when a self-service business's mode of operation makes spills foreseeable, the plaintiff need not prove actual or constructive notice; the business has a duty to take reasonable measures to discover and correct such hazards.
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
Rhode Island courts recognize spoliation claims and may impose sanctions, including adverse inference instructions. Tancrelle v. Friendly Ice Cream Corp., 756 A.2d 788 (R.I. 2000).
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 and opportunity to do so.
-
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 Rhode Island Law
Under Mariorenzi v. Joseph DiPonte, Inc., 114 R.I. 294 (1975), [Property Owner Name] owed our client, a business invitee, the following duties:
- To exercise reasonable care to maintain the premises in a reasonably safe condition
- To discover unreasonably dangerous conditions through reasonable inspection
- To warn of or correct known dangerous conditions
- To take reasonable steps to protect invitees from foreseeable harm
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 Rhode Island law, constructive notice exists when a dangerous condition has existed for such a length of time that the owner, in the exercise of reasonable care, should have discovered it. Salk v. Alpine Ski Shop, Inc., 115 R.I. 309 (1975).
[Include evidence of constructive notice]
4. Mode of Operation (If Applicable):
[For self-service establishments:] Under Sheehan v. Roche Bros. Supermarkets, Inc., 863 A.2d 1261 (R.I. 2004), your insured's self-service mode of operation makes hazards like this foreseeable. The notice requirement is therefore relaxed, and your insured had a duty to implement reasonable measures to discover and address such hazards.
C. Causation
The dangerous condition described above was the proximate cause of our client's fall and resulting injuries under Rhode Island law.
D. Comparative Fault Defense
While Rhode Island applies pure comparative negligence, our client was exercising reasonable care:
- Our client was using the premises in a foreseeable manner
- Our client was paying reasonable attention to surroundings
- The hazard was not open and obvious
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
Rhode Island 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]
State of Rhode Island:
Rhode Island has waived sovereign immunity for tort claims under R.I. Gen. Laws Section 9-31-1 et seq. Claims must be filed within the three-year statute of limitations.
Municipalities:
Claims against municipalities are governed by R.I. Gen. Laws Section 45-15-5 et seq. Certain notice requirements may apply depending on the municipality.
Rhode Island law imposes limitations on governmental liability under certain circumstances.
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 the State of Rhode Island, [County / Providence/Bristol County / Washington County / Newport County / Kent County].
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 Rhode Island 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 and exercising reasonable care, was seriously injured as a direct result.
Rhode Island's pure comparative negligence rule means that even if you believe our client bore some responsibility (which we dispute), recovery is not barred - only reduced. This significantly impacts your exposure calculation.
I look forward to your prompt response.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Rhode Island Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
[File]
RHODE ISLAND-SPECIFIC PRACTICE NOTES
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Pure Comparative Negligence: Recovery allowed regardless of plaintiff's fault percentage; only reduced proportionally. R.I. Gen. Laws Section 9-20-4. This is favorable to plaintiffs.
-
Mode of Operation Doctrine: Self-service establishments have relaxed notice requirements. Sheehan v. Roche Bros. Supermarkets, Inc., 863 A.2d 1261 (R.I. 2004).
-
No Natural Accumulation Rule: Property owners must exercise reasonable care regarding snow/ice. Marcotte v. Timberlake, 687 A.2d 866 (R.I. 1997).
-
Notice Requirement: Must prove defendant created condition, had actual notice, or had constructive notice (except mode of operation cases). Salk v. Alpine Ski Shop, Inc., 115 R.I. 309 (1975).
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No Damage Caps: Rhode Island does not cap compensatory damages in personal injury cases.
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Joint and Several Liability: Rhode Island has modified joint and several liability. R.I. Gen. Laws Section 10-6-7.
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Collateral Source Rule: Applies in Rhode Island; collateral benefits generally do not reduce recovery.
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Prejudgment Interest: Available at 12% from date of filing. R.I. Gen. Laws Section 9-21-10.
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Offer of Judgment: R.I. Super. R. Civ. P. 68 provides cost-shifting mechanism.