Slip and Fall / Premises Liability Demand Letter - Wyoming

DEMAND FOR SETTLEMENT - PREMISES LIABILITY / SLIP AND FALL

STATE OF WYOMING

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

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

I. WYOMING-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Wyo. Stat. Ann. § 1-3-105(a)(iv)(C) generally requires an ordinary action for injury to a plaintiff's rights not otherwise enumerated to be filed within four (4) years after the cause of action accrues. Accrual, tolling, defendant identity, and special statutes must be analyzed before inserting a deadline. Counsel has calculated the deadline for this matter as [Expiration Date] based on [state analysis]. This demand does not extend that deadline.

B. Premises Liability Duty Standards Under Wyoming Law

Wyoming abolished the licensee/invitee duty distinction and applies reasonable care to lawful entrants. Clarke v. Beckwith, 858 P.2d 293, 296 (Wyo. 1993). Trespassers remain separately treated under Wyoming law.

For a business patron, the general rule is that a possessor must maintain the premises in a reasonably safe condition. Valance v. VI-Doug, Inc., 2002 WY 113, ¶ 9, 50 P.3d 697, 700. Reasonable care may require the possessor to:

1. Exercise ordinary care to keep the premises in a reasonably safe condition
2. Discover and remedy or warn of dangerous conditions
3. Conduct reasonable inspections to discover dangerous conditions
4. Warn of dangers that are known to the owner or, through reasonable inspection, should be known

The duty is reasonable care under the circumstances, not an insurer-like “highest duty.”

C. Modified Comparative Fault - Bar Above 50%

Wyoming follows modified comparative fault under Wyo. Stat. Ann. Section 1-1-109:

• A plaintiff's recovery is reduced by their percentage of fault
• A claimant is barred from recovery only if claimant fault is more than 50% of the total fault of all actors
• Each defendant is liable only for that defendant's proportion of total fault

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

D. Constructive Notice Standard

Liability for an ordinary premises condition requires evidence that the possessor created the condition or knew or, through reasonable care, should have known of it in time to respond. Relevant proof may include duration, recurring conditions, inspection practices, employee observations, prior reports, and who created or controlled the hazard.

E. Snow and Ice Liability

Wyoming's natural-accumulation rule generally provides that an owner or occupier is not liable for a slip and fall on a natural accumulation of ice or snow. Eiselein v. K-Mart, Inc., 868 P.2d 893, 897-98 (Wyo. 1994). The template's former reliance on Martinez v. City of Cheyenne was misplaced; that governmental-claim decision was not the controlling natural-accumulation authority and was later overruled on another issue.

The rule does not protect a defendant that created or aggravated an unnatural accumulation. The claimant must show that the defendant created or aggravated the hazard, knew or should have known of it, and made it substantially more dangerous than its natural state. Paulson v. Andicoechea, 926 P.2d 955, 957 (Wyo. 1996). Prior voluntary snow removal alone does not create a continuing duty for later storms.

Develop evidence concerning drainage, altered water volume or course, refreezing, plowing or shoveling, timing, warnings, lighting, visibility, and whether defendant conduct made the condition substantially more dangerous.

F. Notice Requirements for Government Claims

The Wyoming Governmental Claims Act requires strict, defendant-specific analysis:

• A premises claim must fit a statutory immunity waiver. Section 1-39-106 addresses negligence by public employees in the operation or maintenance of a building, recreation area, or public park; do not assume every public-property condition falls within that waiver.
• Section 1-39-113 generally requires an itemized written claim within two years of the act, error, or omission, with a narrow discovery alternative. It specifies contents, filing offices, an oath and false-swearing certification, and complaint allegations confirming compliance.
• Section 1-39-114 generally requires the action within one year after the claim is filed and preserves shorter otherwise-applicable periods.
• Section 1-39-118 generally limits liability to $250,000 per claimant and $500,000 per occurrence, subject to insurance-based extension, and bars punitive damages, prejudgment interest, and attorney-fee awards in the judgment.

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

Wyoming permits a bad-faith spoliation inference when relevant evidence is deliberately destroyed or destroyed with reckless disregard for its relevance. The court considers prejudice, curability, importance, fault, and the least onerous effective sanction; dismissal is not automatic. Abraham v. Great Western Energy, LLC, 2004 WY 145, ¶¶ 20-22, 101 P.3d 446, 455-56. Please suspend routine destruction and preserve the listed material in its native form.

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], Wyoming. 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 drainage or altered water flow, refreezing, snow-removal activity, timing, warnings, visibility, and facts showing creation or aggravation beyond the natural 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 WYOMING LAW

A. Elements of Premises Liability

Under Wyoming law, our client must establish: (1) defendant owed a duty of care; (2) defendant breached that duty; (3) the breach was the proximate cause of injury; and (4) damages resulted. Valance v. VI-Doug, Inc., 2002 WY 113, 50 P.3d 697.

B. Breach of Duty

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. 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

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

D. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the evidence summarized above, the severity of our client's injuries, and the documented 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, Wyoming.

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 available evidence supports our client's liability and damages position under Wyoming law. We urge you to give this matter serious and prompt attention.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: As noted above

cc: [Client Name]
File

WYOMING PRACTICE NOTES

• Lawful Entrants: Wyoming abolished the licensee/invitee duty distinction; land possessors owe lawful entrants reasonable care under the circumstances. Trespassers remain separately treated. Clarke v. Beckwith, 858 P.2d 293 (Wyo. 1993).
• Modified Comparative Fault: Claimant fault above 50% of all actor fault bars recovery; otherwise damages are proportionally reduced. Wyo. Stat. Ann. § 1-1-109(b).
• Allocation: Each defendant is liable only for that defendant's proportion of total fault. Wyo. Stat. Ann. § 1-1-109(e).
• Government Claims: Confirm a statutory waiver, § 1-39-113 claim compliance, § 1-39-114's action deadline, § 1-39-118's remedies, and § 1-39-117's special venue rules.
• Natural Accumulation: No duty generally exists for natural snow or ice; liability may arise for a defendant-created or aggravated condition substantially more dangerous than the natural state. Eiselein, 868 P.2d 893; Paulson, 926 P.2d 955.
• Venue: A personal-injury action may be brought where the cause arose or where a defendant resides or may be summoned; government claims have separate rules. Wyo. Stat. Ann. §§ 1-5-109, 1-39-117.
• Open and Obvious: The no-duty doctrine remains for known and obvious dangers resulting from natural causes; for other conditions, obviousness may bear on comparative fault. Eiselein, 868 P.2d at 895-97.

SOURCES AND REFERENCES

• Wyoming Statutes, Title 1 (official current compilation)
• Wyoming 2025 Session Laws (official)
• Clarke v. Beckwith, 858 P.2d 293 (Wyo. 1993)
• Eiselein v. K-Mart, Inc., 868 P.2d 893 (Wyo. 1994)
• Paulson v. Andicoechea, 926 P.2d 955 (Wyo. 1996)
• Valance v. VI-Doug, Inc., 2002 WY 113, 50 P.3d 697
• Abraham v. Great Western Energy, LLC, 2004 WY 145, 101 P.3d 446