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

Under Wyoming Statutes Annotated Section 1-3-105, the statute of limitations for personal injury claims arising from premises liability is four (4) 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 Wyoming Law

Wyoming retains the traditional common law classifications of entrants onto property, with corresponding duties. Under Valance v. VI-Doug, Inc., 2002 WY 9, 50 P.3d 697 (Wyo. 2002):

Business Invitee (Highest Duty): Our client was a business invitee - one who enters the premises for purposes connected with the owner's business. Property owners owe invitees the duty 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

See also Clarke v. Beckwith, 858 P.2d 293 (Wyo. 1993).

C. Modified Comparative Negligence - 50% Bar

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 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 Wyoming law, constructive knowledge of a dangerous condition exists when the condition has been present for a sufficient length of time that the owner, in the exercise of ordinary care, should have discovered and corrected it. Valance v. VI-Doug, Inc., 2002 WY 9, 50 P.3d 697.

E. Snow and Ice Liability

Wyoming follows the natural accumulation rule for snow and ice. Given Wyoming's climate, property owners generally have no duty to remove naturally accumulating snow and ice. See Martinez v. City of Cheyenne, 791 P.2d 949 (Wyo. 1990).

However, property owners may be liable when:

• The accumulation is unnatural (caused by defective drainage, artificial conditions, or structural defects)
• The owner has aggravated the natural condition through conduct
• The owner has undertaken to remove snow/ice and done so negligently
• The condition is hidden or concealed from invitees
• The property owner has created artificial conditions causing ice formation

F. Notice Requirements for Government Claims

For claims against Wyoming governmental entities, the Wyoming Governmental Claims Act (Wyo. Stat. Ann. Section 1-39-113) requires written notice to be filed within two (2) years of the date of the alleged act, error, or omission. Claims must be presented to the governmental entity before filing suit.

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 courts recognize spoliation of evidence and may impose sanctions including adverse inference instructions. 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], 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 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 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 9, 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 clear liability of your insured under Wyoming 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, 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 evidence establishes clear liability on the part of your insured under Wyoming premises liability 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

• Traditional Entrant Categories: Wyoming retains invitee/licensee/trespasser classifications with different duty standards. Valance v. VI-Doug, Inc., 2002 WY 9.
• Modified Comparative Fault (50%): Plaintiff barred if 50% or more at fault. Wyo. Stat. Ann. Section 1-1-109.
• Joint and Several Liability: Wyoming has abolished joint and several liability. Wyo. Stat. Ann. Section 1-1-109(e).
• Government Claims: Notice required within 2 years under Wyoming Governmental Claims Act. Wyo. Stat. Ann. Section 1-39-113.
• Punitive Damages: Available for willful and wanton misconduct. Must be proven by clear and convincing evidence.
• Natural Accumulation Rule: No duty to remove natural snow/ice, but liability for unnatural accumulations. Martinez v. City of Cheyenne, 791 P.2d 949 (Wyo. 1990).
• Venue: County where cause of action arose or defendant resides. Wyo. R. Civ. P. 3.
• Open and Obvious Doctrine: Wyoming recognizes this doctrine as a factor in determining duty and breach.