602-274-9662

Sample Slip and Fall Demand Letter

{Today’s Date}

 

DEMAND LETTER FOR
SETTLEMENT PURPOSES ONLY

Sent via facsimile: {(xxx) xxx-xxxx}

{Adjuster’s Name and Title}
{Insurance Company Name}
{Address – Line 1}
{Address – Line 2}
{City, State, Zip}

Re:            Our Client:      {Claimant’s Name}
                 Claim No:      {}

                 Your Insured:  {Insured’s Name}
                  Date of Loss:  {}

Dear {Adjuster’s Name}:

As you are aware, this firm represents {client/claimant’s name} for injuries {he/she} sustained in an accident that occurred on {date of slip and fall} while {he/she} was an invitee at the {name of retail/business establishment} located at {address where fall occurred}.

We have enclosed copies of the incident reports as well as the medical reports and medical billing statements from our client’s healthcare providers for treatment of {his/her} injuries that {he/she} sustained as the direct and proximate cause of {name of retail/business}’s negligence.

FACTUAL BACKGROUND

On {date of slip and fall}, {client/claimant’s name}, slipped and fell on a clear liquid substance most likely water in the {front/back/middle} section of the {store/business} as {he/she} was exiting the premises {before/after} purchasing {groceries/merchandise}. {Client/claimant} had shopped in the store, {loaded the cart} and was approaching the checkout lane when {he/she} slipped and fell. {He/she} had made {his/her} way through the {aisle/checkout line} and purchased {groceries/other items}. As {he/she} was walking toward {exit/entrance}, {he/she} slipped and fell on a {describe clear liquid substance, other substance, or puddle of water} that was not visible or anticipated.

{Client/claimant} did not see this water spill nor was {he/she} visually or verbally warned that there was any kind of liquid spill in the area. No warning signs were posted. No other precautionary measures were indicated in the area or surrounding area where {he/she} fell. {Or, describe if anything was blocking or obscuring any warning sign.}

According to the incident report, {insert content of incident report that is favorable to client/claimant}.

{Discuss who wrote the incident report and if there are facts adverse to client/claimant determine/discuss whether it is accurate especially if written by an owner/manager/employee. Also discuss whether any employee’s actions (or lack of actions) violate the store/business’ policy and procedures concerning the safety of patrons.}

{Insert any other relevant facts in your specific claim.}

Based on the evidence outlined above, it is more likely than not that a jury would conclude that {store/business}, managers and/or employees, breached the standard of care owed to {claimant/client} that proximately caused {his/her} injuries, thus making {store/business} negligent and liable for {his/her} damages.

LIABILITY

A business proprietor “has an affirmative duty to make and keep {its} premises reasonably safe for customers.” Chiara v. Fry’s Food Stores of Arizona, Inc., 733 P.2d 283, 284 (Ariz. 1987). In order to prove liability, “a plaintiff must prove that the dangerous condition causing the fall was a result of the defendant’s acts or that the defendant had actual or constructive knowledge of the condition.” Preuss v. Sambo’s of Arizona, Inc., 635 P.2d 1210, 1211 (Ariz. 1981).

In other words, “the foundation of liability for negligence is knowledge-or opportunity by the exercise of reasonable diligence to acquire knowledge-of the peril which subsequently results in injury.” Bloom v. Fry’s Food Stores, Inc., 636 P.2d 1229,1231 (Ariz. App. 1981).

Here, the facts are clear that {store/business}, its managers and employees, had actual knowledge of the condition {water or other hazard} and failed to adequately warn of such hazard, which ultimately caused {client/claimant} to slip and fall sustaining injuries and damages.  The {incident report/policy-procedure manual regarding safety} combined with the fact is evidence and an admission of such knowledge that the {store/business} failed to adequately warn and/or remove the water hazard in a timely manner.

{Discuss any witness statements contained in the incident report that supports client/claimant’s claim.}

As a result, the multiple negligent actions by {business/owner}, the managers and employees proximately caused {client/claimant} to slip and fall and sustain injuries and damages.

INJURIES & TREATMENT

As a result of the negligent conduct of {store/business}, {client/claimant} suffered {and continues to suffer} from the following complaints, injuries, and diagnoses.

{Insert timeline of medical treatment and diagnoses including ICD and CPT codes.}

SPECIAL DAMAGES

  • PAST MEDICAL EXPENSES:

{Client/claimant} incurred the following out-of-pocket medical expenses as a result of this accident}:

DATE OF SERVICE PROVIDER AMOUNT
$
$
TOTAL MEDICAL SPECIALS: $
  • FUTURE MEDICAL EXPENSES: 

{Discuss any future treatment needed by client/claimant and include and future care opinions and calculations made by medical professionals to support this future expense.}

  • DECREASE IN FUTURE EARNING CAPACITY:

The American Medical Association Guides (“AMA Guides”), 6th edition, allocates impairment ratings to injuries and diagnoses including soft tissue injuries and diagnoses. Arizona courts allow the use of the 6th edition of the AMA Guides, which is the most recent version of this publication. If {claimant/client} does decide to return to the workforce, any impairment rating or work restrictions could vastly limit {his/her} occupational abilities/choices.

{Discuss client/claimant’s work history including industries, job titles and job duties. Discuss whether client/claimant has any documented permanent impairment as a result of this injury preventing {him/her} from performing at jobs {he/she} previously performed (especially physical labor) and whether {he/she} is entitled to a claim for decrease in future earning capacity.}

{Discuss work life expectancy and include a calculation of past yearly earnings x number of remaining years left in work life expectancy if {he/she} is no longer able to work due to the injuries sustained in this accident. This amount should be supported by a vocational expert opinion.}

GENERAL DAMAGES

{Discuss client/claimant’s pain, discomfort, suffering, disability, and anxiety already experienced and reasonably probable to be experienced in the future as a result of this accident.  See Revised Arizona Personal Injury Damages Instructions (Civil), 4th.}

{Further discuss client’s/claimant’s entitlement to fair compensation for the “loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury.”  See Revised Arizona Personal Injury Damages Instructions (Civil), 4th.}

{Discuss client/claimant’s prior everyday activities including raising a family, hobbies and other extracurricular activities that {he/she} is no longer able to do as a result of this accident. Discuss any pain and immobility when performing activities of daily living that were not present before this accident.}

TIME SENSITIVE DEMAND FOR SETTLEMENT

            Based on the foregoing, {client/claimant} is willing to release his/her claims that arise or may arise as to all defendants and accept a settlement in the amount of ${insert amount}. 

            This demand expires at the close of business on {insert date}, at {00:00} a.m./p.m.  If you have any questions or need any additional information, please feel free to give us a call.

We look forward to hearing from you regarding this matter.

Sincerely,

{YOUR LAW FIRM NAME}

{attorney’s name}

Enclosure