DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL
STATE OF SOUTH CAROLINA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, South Carolina ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of South Carolina
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 [City], South Carolina. This letter constitutes our formal demand for settlement and provides a comprehensive analysis of liability under South Carolina law, our client's injuries, and damages.
I. SOUTH CAROLINA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under South Carolina Code Annotated Section 15-3-530(5), the statute of limitations for personal injury claims arising from premises liability 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. Premises Liability Duty Standards Under South Carolina Law
South Carolina recognizes the traditional common law classifications of entrants onto property, with corresponding duties owed by property owners:
Business Invitee (Highest Duty): Under Sims v. Giles, 343 S.C. 708, 541 S.E.2d 857 (Ct. App. 2001), our client was a business invitee - one who enters upon premises at the express or implied invitation of the owner for purposes connected with the owner's business. Property owners owe invitees the duty to:
- Exercise reasonable care to keep the premises in a reasonably safe condition
- Warn of hidden dangers or conditions unknown to the invitee
- Make reasonable inspections to discover dangerous conditions
- Take reasonable precautions to protect invitees from foreseeable dangers
As stated in Wintersteen v. Food Lion, Inc., 344 S.C. 32, 542 S.E.2d 728 (2001), a property owner is not an insurer of the safety of invitees, but must exercise reasonable care to discover and correct or warn of dangerous conditions.
C. Modified Comparative Negligence
South Carolina follows modified comparative negligence pursuant to S.C. Code Ann. Section 15-38-15. Under this rule:
- A plaintiff's recovery is reduced by their percentage of fault
- A plaintiff is barred from recovery if found to be 50% or more at fault
Our client exercised reasonable care at all times and bears no responsibility for this incident.
D. Constructive Notice Standard
Under South Carolina law, to establish constructive notice, a plaintiff must show that the dangerous condition existed for a sufficient length of time that the property owner, in the exercise of reasonable care, should have discovered and corrected it. Anderson v. Racetrac Petroleum, Inc., 371 S.C. 195, 637 S.E.2d 624 (Ct. App. 2006).
E. Snow and Ice Liability
South Carolina follows the natural accumulation rule for snow and ice. Property owners generally have no duty to remove naturally accumulating snow and ice. However, property owners may be liable for:
- Unnatural accumulations of ice (e.g., from defective drainage or downspouts)
- Ice created by artificial conditions
- Failure to warn of hidden ice hazards
- Ice or snow conditions that the owner has undertaken to remedy but done so negligently
See Larimore v. Carolina Power & Light, 340 S.C. 438, 531 S.E.2d 535 (Ct. App. 2000).
F. Notice Requirements for Government Claims
If the property is owned by a government entity, the South Carolina Tort Claims Act (S.C. Code Ann. Section 15-78-80) requires written notice to the appropriate governmental entity within one (1) year of the incident.
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
- Insurance policies applicable to this claim
South Carolina recognizes spoliation of evidence as grounds for adverse inference instructions and sanctions. See Whaley v. CSX Transp., Inc., 362 S.C. 456, 609 S.E.2d 286 (2005). FAILURE TO PRESERVE THIS EVIDENCE MAY RESULT IN SEVERE SANCTIONS.
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," etc.] in [City], South Carolina. At all relevant times, [Property Owner Name] owned, operated, possessed, maintained, and/or controlled the subject 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 - Select applicable option:]
Wet/Slippery Floor: A liquid substance 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] created a tripping hazard that was not marked, repaired, or remediated.
Defective Stairs/Steps: The stairway at [location] was defective and dangerous due to [describe defect].
Foreign Object/Debris: [Describe object] was present on the floor, creating a tripping hazard.
Ice/Snow Accumulation: [Describe unnatural accumulation or condition owner undertook to remedy]
C. The Incident
On [Date of Incident], at approximately [Time], our client was [describe activity - e.g., "shopping at the premises," "visiting as a guest"] when [describe the fall in detail].
D. Notice and Knowledge
Your insured had actual and/or constructive knowledge of this hazardous condition:
Actual Knowledge:
- [Prior complaints about the same condition]
- [Condition was created by defendant's employees]
- [Employee acknowledgment of awareness]
Constructive Knowledge:
- The hazardous condition existed for a sufficient length of time that it should have been discovered through reasonable inspection
- [Evidence of duration - footprints, dirty appearance, accumulation size]
- [Inadequate inspection procedures]
IV. LIABILITY ANALYSIS UNDER SOUTH CAROLINA LAW
A. Elements of Premises Liability
Under South Carolina law, our client must establish: (1) defendant owed a duty of care; (2) defendant breached that duty; (3) the breach proximately caused injury; and (4) damages resulted. Steinke v. S.C. Dep't of Labor, Licensing & Regulation, 336 S.C. 373, 520 S.E.2d 142 (1999).
B. Breach of Duty
Your insured breached its duty to our client by:
- Failing to maintain the premises in a reasonably safe condition
- Failing to conduct reasonable inspections to discover the dangerous condition
- Failing to correct or warn of the dangerous condition
- [Additional specific breaches]
C. Causation
The dangerous condition was the direct and proximate cause of our client's fall and resulting injuries. But for your insured's negligence, our client would not have been injured.
D. Comparative Negligence Defense - Inapplicable
We reject any assertion that our client was comparatively negligent:
- Our client was exercising reasonable care for [his/her] own safety
- The hazard was not open and obvious
- Our client had no reason to anticipate the dangerous condition
- [Additional factors]
V. INJURIES AND MEDICAL TREATMENT
A. Injuries Sustained
As a direct and proximate result of the fall, our client sustained the following injuries:
[List specific injuries with diagnoses]
B. Medical Treatment
Emergency Treatment: [Date, Provider, Treatment]
Surgical Intervention (if applicable): [Date, Procedure, Provider]
Ongoing Treatment: [Physical therapy, specialist care, etc.]
C. Current Status and Prognosis
[Describe current condition and prognosis from treating physicians]
VI. DAMAGES
A. Medical Expenses
| Provider | Service Dates | Amount Billed |
|---|---|---|
| [Provider] | [Date] | $[Amount] |
| TOTAL PAST MEDICAL | $[Total] |
Future Medical Expenses: $[Amount]
B. Lost Wages
| Category | Amount |
|---|---|
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
C. Pain and Suffering
[Detailed description of physical pain, emotional distress, and loss of enjoyment of life]
D. 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. SETTLEMENT DEMAND
Based upon the clear liability of your insured under South Carolina premises liability law, the severity of our client's injuries, and the substantial 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].
Should you fail to respond to this demand within the specified time, or should you fail to make a reasonable offer, we will file suit in the Court of Common Pleas of [County] County, South Carolina.
VIII. DOCUMENTATION ENCLOSED
- Complete medical records and bills from all treating providers
- Photographs of the incident location
- Photographs of client's injuries
- Incident report (if obtained)
- Employment and wage verification
- HIPAA authorizations
IX. CONCLUSION
The evidence establishes clear liability on the part of your insured under South Carolina premises liability law. We urge you to give this matter serious and prompt attention.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
South Carolina Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
File
SOUTH CAROLINA PRACTICE NOTES
- Modified Comparative Negligence: Plaintiff barred if 50% or more at fault. S.C. Code Ann. Section 15-38-15.
- Joint and Several Liability: Abolished in South Carolina. Each defendant liable only for their percentage of fault. S.C. Code Ann. Section 15-38-15.
- Government Claims: Notice required within 1 year under S.C. Tort Claims Act. S.C. Code Ann. Section 15-78-80.
- Punitive Damages: Available for willful, wanton, or reckless conduct. Must be proven by clear and convincing evidence.
- Venue: County where cause of action arose or defendant resides. S.C. Code Ann. Section 15-7-30.