DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF TENNESSEE

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Tennessee ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Tennessee

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], Tennessee. This letter constitutes our formal demand for settlement and provides a comprehensive analysis of liability under Tennessee law, our client's injuries, and damages.

PLEASE NOTE: Tennessee has a one (1) year statute of limitations for personal injury claims. Time is of the essence.

I. TENNESSEE-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

CRITICAL: Under Tennessee Code Annotated Section 28-3-104, the statute of limitations for personal injury claims arising from premises liability is one (1) year from the date of injury. This claim arises from an incident that occurred on [Date], and therefore the limitations period expires on [Expiration Date]. We expect prompt attention to this matter.

B. Premises Liability Duty Standards Under Tennessee Law

Tennessee has abolished the common law distinction between invitees and licensees. Under Coln v. City of Savannah, 966 S.W.2d 34 (Tenn. 1998), Tennessee applies a single standard of reasonable care for all lawful visitors:

"A landowner owes a duty of reasonable care to all persons lawfully on the land."

Under Tennessee law, a property owner's duty includes:

1. Exercising reasonable care to maintain the premises in a reasonably safe condition
2. Removing or warning against latent or hidden dangers
3. Conducting reasonable inspections to discover dangerous conditions
4. Not exposing others to an unreasonable risk of harm

See also Rice v. Sabir, 979 S.W.2d 305 (Tenn. 1998).

C. Modified Comparative Negligence - 49% Bar

Tennessee follows modified comparative fault under Tenn. Code Ann. Section 29-11-103:

• 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 Tennessee law, constructive notice exists when the dangerous condition has been present for a sufficient length of time that, in the exercise of reasonable care, the owner should have discovered and corrected it. Blair v. West Town Mall, 130 S.W.3d 761 (Tenn. 2004).

The factors considered include:
- The nature of the condition
- The length of time the condition existed
- The obviousness of the condition
- The owner's inspection practices

E. Snow and Ice Liability

Tennessee follows the natural accumulation rule for snow and ice. Property owners generally have no duty to remove naturally accumulating snow and ice. However, liability may exist when:

• The accumulation is unnatural or artificial
• The owner has aggravated the natural condition
• The owner has undertaken to remove snow/ice but done so negligently
• The owner has actual knowledge of an unusually hazardous icy condition

See Nee v. Big Creek Partners, Ltd., 106 S.W.3d 650 (Tenn. Ct. App. 2002).

F. Damage Caps

Tennessee Code Annotated Section 29-39-102 imposes caps on non-economic damages:

• $750,000 for general non-economic damages
• $1,000,000 for catastrophic injuries (spinal cord, serious brain injury, third-degree burns over 40% of body, amputation of limbs, wrongful death of a parent leaving minor children)

G. Notice Requirements for Government Claims

For claims against government entities, the Tennessee Governmental Tort Liability Act (Tenn. Code Ann. Section 29-20-305) requires written notice within twelve (12) months 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

Tennessee courts recognize spoliation of evidence as grounds for adverse inference instructions and sanctions. See Bronson v. Umphries, 138 S.W.3d 844 (Tenn. Ct. App. 2003). 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], Tennessee. 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 visitors 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 artificial condition]

C. The Incident

On [Date of Incident], at approximately [Time], our client was [describe activity - e.g., "shopping at the premises," "visiting as a business invitee"] 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 TENNESSEE LAW

A. Elements of Premises Liability

Under Tennessee law, our client must establish: (1) defendant's duty of care; (2) defendant's conduct fell below the applicable standard of care, amounting to a breach of that duty; (3) injury or loss; (4) cause in fact; and (5) proximate cause. Satterfield v. Breeding Insulation Co., 266 S.W.3d 347 (Tenn. 2008).

B. Breach of Duty

Your insured breached the duty of reasonable care owed to our client by:

1. Failing to maintain the premises in a reasonably safe condition
2. Failing to conduct reasonable inspections to discover the dangerous condition
3. Failing to correct or warn of the dangerous condition
4. [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 Fault Defense - Inapplicable

We reject any assertion that our client was comparatively at fault:

• 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

Future Medical Expenses: $[Amount]

B. Lost Wages

C. Pain and Suffering (Subject to Statutory Cap)

[Detailed description of physical pain, emotional distress, and loss of enjoyment of life]

Note: Tennessee imposes caps on non-economic damages pursuant to Tenn. Code Ann. Section 29-39-102.

D. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear liability of your insured under Tennessee premises liability law, the severity of our client's injuries, and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

Given Tennessee's one-year statute of limitations, this demand will remain open for twenty (20) 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 Circuit Court of [County] County, Tennessee.

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 Tennessee premises liability law. Given the short statute of limitations, we urge you to give this matter immediate and serious attention.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Tennessee Board of Professional Responsibility No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

TENNESSEE PRACTICE NOTES

• SHORT STATUTE OF LIMITATIONS: Only 1 year for personal injury claims. Tenn. Code Ann. Section 28-3-104.
• Unified Duty Standard: Tennessee abolished invitee/licensee distinction - all lawful visitors owed reasonable care. Coln v. City of Savannah, 966 S.W.2d 34 (Tenn. 1998).
• Modified Comparative Fault (49%): Plaintiff barred if 50% or more at fault. Tenn. Code Ann. Section 29-11-103.
• Non-Economic Damage Caps: $750,000 general; $1,000,000 for catastrophic injury. Tenn. Code Ann. Section 29-39-102.
• Government Claims: Notice required within 12 months. Tenn. Code Ann. Section 29-20-305.
• Joint and Several Liability: Abolished except for certain intentional torts. Tenn. Code Ann. Section 29-11-107.
• Venue: County where cause of action arose or defendant resides. Tenn. Code Ann. Section 20-4-101.