DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF TEXAS

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

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

I. TEXAS-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for personal injury claims arising from premises liability is two (2) 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 Texas Law

Texas retains the traditional common law classifications of entrants onto property, with corresponding duties. Under Austin v. Kroger Texas, L.P., 465 S.W.3d 193 (Tex. 2015), and the Texas Supreme Court's framework in Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex. 1983):

Business Invitee (Highest Duty): Our client was a business invitee - one who enters the premises with the owner's knowledge and for the mutual benefit of both parties. Property owners owe invitees the duty to:

1. Exercise reasonable care to keep the premises in a reasonably safe condition
2. Warn of concealed dangers that are known or should be known
3. Make safe or warn against any concealed, unreasonably dangerous conditions of which the landowner is actually aware
4. Use ordinary care to reduce or eliminate an unreasonable risk of harm created by a premises condition about which the landowner knew or should have known

See Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002).

C. Modified Comparative Negligence - 51% Bar

Texas follows modified proportionate responsibility under Tex. Civ. Prac. & Rem. Code Section 33.001 et seq.:

• A plaintiff's recovery is reduced by their percentage of responsibility
• A plaintiff is barred from recovery if found to be more than 50% responsible

Our client exercised reasonable care at all times and bears no responsibility for this incident.

D. Texas Premises Liability Elements

Under Texas law, a premises liability plaintiff must prove: Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992):

1. Actual or constructive knowledge of a condition on the premises
2. The condition posed an unreasonable risk of harm
3. The owner failed to exercise reasonable care to reduce or eliminate the risk
4. The failure to exercise reasonable care proximately caused the plaintiff's injuries

E. Constructive Notice - Time-Notice Rule

Texas follows the time-notice rule for constructive knowledge. Under Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812 (Tex. 2002), mere proof that a hazardous condition existed is insufficient. The plaintiff must show:

• Actual knowledge: The owner knew of the condition, OR
• Constructive knowledge: The condition existed long enough to give the owner a reasonable opportunity to discover it

Evidence supporting constructive knowledge includes:
- Length of time the condition existed
- Evidence that similar conditions occurred regularly
- Owner's inspection procedures (or lack thereof)

F. Snow and Ice Liability

Texas generally follows the natural accumulation rule for snow and ice, though such conditions are relatively rare. Property owners may be liable when:

• The accumulation is unnatural or artificial (e.g., from HVAC units, irrigation)
• The owner has aggravated or increased the natural hazard
• The owner has undertaken to remove snow/ice but done so negligently
• The condition was hidden or not obvious

See Scott & White Mem'l Hosp. v. Fair, 310 S.W.3d 24 (Tex. App.--Austin 2009, pet. denied).

G. Notice Requirements for Government Claims

For claims against Texas governmental entities, the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code Section 101.101) requires formal written notice within six (6) months for cities and counties. The notice must reasonably describe the incident, the injury, and the amount of damages.

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

Texas courts recognize spoliation of evidence and may impose severe sanctions, including adverse inference instructions, striking pleadings, and monetary penalties. See Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9 (Tex. 2014). FAILURE TO PRESERVE THIS EVIDENCE MAY RESULT IN SIGNIFICANT 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], Texas. 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 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
- [Evidence of duration - footprints, dirty appearance, accumulation size]
- [Similar conditions had occurred regularly - mode of operation evidence]
- [Inadequate inspection procedures]

IV. LIABILITY ANALYSIS UNDER TEXAS LAW

A. Elements of Premises Liability

Under Texas law, our client must establish: (1) actual or constructive knowledge of a condition on the premises; (2) the condition posed an unreasonable risk of harm; (3) the owner failed to exercise reasonable care to reduce or eliminate the risk; and (4) the failure proximately caused the plaintiff's injuries. Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992).

B. Breach of Duty - Unreasonable Risk of Harm

Your insured breached its duty 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. Actual or Constructive Knowledge

The knowledge element is satisfied here because:

Actual Knowledge: [Describe evidence of actual knowledge]

Constructive Knowledge: The condition existed long enough to give your insured a reasonable opportunity to discover it. Reece, 81 S.W.3d at 816. Evidence includes:
- [Duration indicators]
- [Inspection failures]
- [Similar prior incidents]

D. 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.

E. Proportionate Responsibility Defense - Inapplicable

We reject any assertion that our client bears proportionate responsibility:

• 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 (Physical Pain and Mental Anguish)

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

D. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear liability of your insured under Texas 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 District Court of [County] County, Texas.

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 Texas premises liability law. We urge you to give this matter serious and prompt attention.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
State Bar of Texas No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

TEXAS PRACTICE NOTES

• Modified Comparative Responsibility (51%): Plaintiff barred if more than 50% responsible. Tex. Civ. Prac. & Rem. Code Section 33.001.
• Proportionate Responsibility: Texas uses proportionate responsibility system. Each defendant liable only for their percentage. Tex. Civ. Prac. & Rem. Code Section 33.013.
• Time-Notice Constructive Knowledge: Must prove condition existed long enough to be discovered. Wal-Mart v. Reece, 81 S.W.3d 812 (Tex. 2002).
• Spoliation: Texas provides strong remedies for evidence destruction. Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014).
• Government Claims: Notice required within 6 months for cities/counties. Tex. Civ. Prac. & Rem. Code Section 101.101.
• Punitive Damages (Exemplary Damages): Available for gross negligence. Capped at greater of (a) 2x economic + equal to non-economic up to $750,000, or (b) $200,000. Tex. Civ. Prac. & Rem. Code Section 41.008.
• Venue: County where cause of action accrued or defendant resides. Tex. Civ. Prac. & Rem. Code Section 15.002.
• Chapter 18 Notice Letters: Consider sending under Tex. Civ. Prac. & Rem. Code Ch. 18 to obtain responsible third-party information.