Slip and Fall / Premises Liability Demand Letter - Utah

DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF UTAH

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

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

I. UTAH-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Utah Code § 78B-2-307(4) generally supplies a four-year residual period for a private ordinary-negligence claim not governed by a more specific statute. Utah Code § 78B-2-102 measures statutory periods after accrual, and claim-specific tolling or shorter rules may apply. Government personal-rights claims have a separate two-year limitations provision in § 78B-2-304, in addition to the one-year notice requirement discussed below. Verify the applicable deadline before stating that this claim expires on [Expiration Date].

B. Premises Liability Duty Standards Under Utah Law

Utah continues to distinguish invitees, licensees, and trespassers when determining a land possessor's duty. Andrews v. Stoney Brook Condominium Ass'n, 2025 UT App 126, ¶ 14 n.2; Utah Model Civil Jury Instructions (MUJI) CV1102-CV1105.

For an invitee, the claimant must establish that the possessor:

1. knew or, through reasonable care, should have discovered the activity or condition;
2. knew or should have known that it presented an unreasonable risk of harm;
3. knew or should have known the invitee would not discover the condition or would fail to protect against it; and
4. failed to use reasonable care to protect the invitee, including by repair, replacement, or adequate warning as the facts require.

Licensee and trespasser duties are narrower and must not be replaced with the invitee standard. Identify the claimant's status and whether the defendant possessed or controlled the relevant area before using this demand.

C. Modified Comparative Negligence - 50% Bar

Utah follows modified comparative fault under Utah Code § 78B-5-818:

• A plaintiff's recovery is reduced by their percentage of fault
• A plaintiff may recover only when the fault of the person seeking recovery is less than the combined fault of the persons against whom recovery is sought

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

D. Constructive Notice Standard

Under Utah law, constructive knowledge exists when the dangerous condition has been present for a sufficient length of time that the owner, in the exercise of reasonable care, should have discovered it. Schnuphase v. Storehouse Markets, 918 P.2d 476 (Utah 1996).

E. Snow and Ice / Open and Obvious Conditions

Utah applies the ordinary entrant-status and notice framework to snow and ice; the cited Warren and Milliner decisions do not establish a Utah natural-accumulation rule. For an invitee and a temporary snow or ice condition, analyze possession or control, actual or constructive notice, time to remedy, unreasonable risk, and reasonable protection under MUJI CV1102 and Andrews.

Utah also applies the Restatement § 343A open-and-obvious-danger rule. A possessor ordinarily is not liable for a condition whose danger is known or obvious to the invitee unless the possessor should anticipate harm despite the knowledge or obviousness. The analysis asks both whether the danger was actually known or obvious and whether harm nevertheless should have been anticipated. Hale v. Beckstead, 2005 UT 24, ¶¶ 9, 32-38; Andrews, 2025 UT App 126, ¶¶ 16-18.

F. Notice Requirements for Government Claims

For claims against a Utah governmental entity or covered employee, §§ 63G-7-401 and 63G-7-402 require a signed written notice of claim, filed with the statutorily designated office, within one year after the claim arises. The notice must state the facts, nature of the claim, and damages known so far; § 63G-7-401 does not require a settlement amount. The recipient varies by entity—for example, the city or town clerk, county clerk, school superintendent or business administrator, designated special-district official, or Attorney General for a State claim. Section 63G-7-403 governs denial and suit timing, § 78B-2-304 supplies the separate two-year limitations rule for covered personal-rights claims, and § 63G-7-604 limits government damages and remedies. Verify waiver of immunity and every procedural step.

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

This letter requests preservation of relevant evidence because litigation is reasonably anticipated. The cited Billings v. Union Bankers Insurance Co. decision concerns insurance coverage, bad faith, and attorney fees—not spoliation. Do not promise a particular sanction or jury instruction; any remedy depends on the governing procedural and evidentiary law and case-specific judicial findings.

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], Utah. 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 created by owner's actions or property defects]

C. The Incident

On [Date of Incident], at approximately [Time], our client was [describe activity - e.g., "shopping at the premises," "visiting as a patron"] 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 specific hazardous condition existed long enough that the possessor should have discovered it
• After actual or constructive knowledge arose, sufficient time elapsed that reasonable care required remediation or warning
• [Evidence establishing duration, inspection opportunity, and time to respond]

IV. LIABILITY ANALYSIS UNDER UTAH LAW

A. Elements of Premises Liability

Under Utah law, negligence requires duty, breach, causation, and damages. For a premises-condition claim, the entrant-status, possession or control, knowledge, unreasonable-risk, anticipated-harm, and reasonable-protection requirements above must also be satisfied. Andrews, 2025 UT App 126, ¶¶ 14-18, 32.

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 danger was not known or obvious, or the possessor should have anticipated harm despite its known or obvious character
• 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

[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 Utah 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, Utah.

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

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: As noted above

cc: [Client Name]
File

UTAH PRACTICE NOTES

• Entrant Status: Utah retains invitee, licensee, and trespasser categories. Use MUJI CV1102-CV1105 and the facts to identify the governing duty.
• Modified Comparative Fault (50%): Plaintiff barred if 50% or more at fault. Utah Code Ann. Section 78B-5-818.
• Allocation: Section 78B-5-820 generally limits a defendant's liability to the proportion of fault attributed to that defendant, subject to the statutory framework and claim-specific exceptions.
• Government Claims: Serve the correct § 63G-7-401 recipient within the § 63G-7-402 one-year period; separately verify denial, suit timing, immunity waiver, two-year limitations, and § 63G-7-604 remedies.
• Punitive Damages: Section 78B-8-201 requires compensatory or general damages and clear and convincing proof of willful and malicious or intentionally fraudulent conduct, or knowing and reckless indifference toward and disregard of another's rights. The statute also governs pleading/discovery and allocation of an award.
• Snow and Ice: Apply MUJI CV1102, temporary-condition notice, and the two-step open-and-obvious analysis; do not cite Warren or Milliner as snow-removal authorities.
• Venue: The current general venue provision is Utah Code § 78B-3a-201, with business-organization residence defined in § 78B-3a-104.

SOURCES AND REFERENCES

• Utah Code
• Utah Model Civil Jury Instructions — Premises Liability
• Andrews v. Stoney Brook Condominium Ass'n, 2025 UT App 126