Sample Premises Liability Slip and Fall Demand Letter

A demand letter, sometimes called a “settlement demand” or a “settlement letter,” is a letter you write to open settlement discussions in your personal injury case. Most often, the letter goes to the insurance company for whoever caused your injuries. If the insurance company has made an opening settlement offer, you might write a settlement demand to reject that offer and make a counter offer.

There’s no single “correct” way to write a settlement demand. But a well written demand letter will cover these things:

• the facts of the case
• a discussion of your injuries—physical and emotional—and the treatment you’ve received (and if applicable, that you expect to receive in the future)
• how the other side’s fault, usually meaning negligence, caused the accident and your injuries
• the compensation, or what lawyers and judges call “damages,” you think you should receive, and
• a demand for payment of the total amount of your damages to settle your claims.

This sample premises liability demand letter deals with a hypothetical case involving a dangerous sidewalk. If your injuries happened because of some other dangerous property—maybe a store floor with a slippery substance, or an ice-covered parking lot, or dangerous stairs at your neighbor’s house—you can easily modify the facts to fit your case. To get help with your letter, contact a personal injury lawyer in your area.

We are not your lawyer, and this sample demand letter isn’t a substitute for qualified legal advice. It’s solely for instructional purposes. If you think you have a personal injury claim, you should consult with an attorney for legal advice regarding your case. This is especially true if the facts of your case are complicated, your injuries are severe or permanent, or your case involves difficult legal issues. An experienced lawyer can guide you through the process and help you to reach the best possible outcome.

Sample Sidewalk Slip-and-Fall Injury Demand Letter

Dear Ms. Adjuster and Mr. Indemnity:

As I explained in my claim notice letters of January 18, 20xx, on December 22, 20xx, I fell and was injured on an icy and dangerous sidewalk outside the Bigtown Auto Parts store. (When you’ve been hurt in an accident that was someone else’s fault, if you’re thinking of making a claim against the responsible party, you should notify them as quickly as you’re able. Simply send a very short letter advising of the accident, when and where it happened, and that you were injured. No need for a lot of detail at this early stage—you can fill in the blanks later. If the other party is insured, you should also notify their insurer of your claim. You can probably do this via an online claims page or using the company’s claims app. If your claim is against the government, there’s likely a claim notice statute or ordinance that requires you to act quickly—typically between sixty days and six months after you're hurt.) The store is in a building owned by Bigtown Commercial Properties, L.L.P. This settlement demand letter is an attempt to settle my claims against your insureds without the need for a lawsuit.

Facts

I was Christmas shopping on December 22, 20xx and went to Bigtown Auto Parts to look for a gift for my husband. I parked in the lot immediately in front of Bigtown Auto and walked toward the store. There’s a sidewalk separating the parking lot from the front door of the store, as indicated in the pictures I’ve attached. (Ima wisely took pictures of the place where she fell. If you can, take pictures as soon after the accident as possible, while the conditions are the same as at the time of your injury.)

As I stepped onto the sidewalk, my left foot suddenly shot out from underneath me, causing me to lose my balance and fall. I landed hard, with all my weight on my buttocks, then hit the back of my head on the ground. (Describe how you were injured in as much detail as possible, but don’t embellish or exaggerate. Remember that the insurance company can—and likely will—ask for proof of the facts you allege.) As soon as I hit the ground, I felt an immediate, searing pain in my pelvic region. The back of my head also hurt, but nowhere near as bad as my pelvis. I laid on the ground yelling in pain. (Pain is an important component of a personal injury claim. In some cases, it might be the largest single item of damage. Again, don’t exaggerate, but be sure to describe the pain you experienced, vividly and in detail.)

A few moments later, a clerk from Bigtown Auto whose name tag said “Connie” came out the front door to assist me. She asked if I was hurt and I told her yes, I was, describing what happened and the pain I felt. (The insurance company will want to know everyone you’ve spoken to about the accident. You’re under no legal obligation to disclose this information unless you file a lawsuit. But when a person working for a responsible party makes admissions of liability like those detailed here (see below), letting the insurer know who they were can work to your advantage.)

Connie was very apologetic. She explained that when there’s any significant snow in the area—as there had been a couple of days earlier—ice accumulates on the roof and causes water from the melting snow to fall on the sidewalk, where it freezes. Connie said she’d meant to put some ice melt on the sidewalk that morning but had been distracted by customers and forgot. (This is a clearcut and conclusive admission of fault. You’re not likely to get something like this in an actual case, but be on the lookout for any statements that can be attributed to the responsible party that admit even partial fault. Make sure to write them down on a notepad or a journal as soon as you can. You can use those notes later on in the case. Keep your notes factual and accurate, because if you do use them during a lawsuit, the other side gets to see them.)

As I scanned the sidewalk in the immediate area of the store front door, I could see that it was covered with a patch of ice. I wasn’t expecting ice to be there because the parking lot had been thoroughly shoveled and was clear and dry. (This last sentence goes to the issue of Ima’s fault for the accident. In any personal injury claim, fault can be placed on both parties. For instance, if Bigtown Auto can prove that Ima wasn’t paying attention to where she was going, it’s likely that some of the fault will be attributed to her under a legal rule called comparative or contributory fault. If the other side claims you were partly to blame, you should contact an experienced personal injury lawyer right away. In some states, if you were even a tiny bit at fault, it destroys your claim entirely.)

Connie asked if I could stand and walk. When I tried, I shrieked in pain, doubled over, and went back to the ground. She offered to call an ambulance but I decided to call my husband instead. He immediately took me to the emergency room at Bigtown General Hospital. Before I left, Connie wrote down your information and said I should send any medical bills to you.

My Injuries and Medical Treatment

At Bigtown General Hospital, the emergency room doctor ordered X-rays of my pelvis, head, neck, and back. All X-rays were normal except for the pelvis film, which showed that I broke my coccyx (the tailbone). The doctor told me that in cases like mine, there’s no need for surgery. She said the pain would be severe for at least two weeks and that I should avoid sitting until I could tolerate it.

Bigtown General discharged me home with a prescription for pain medicine, which I filled at the pharmacy on our way home. The doctor said I should follow up with my physician as needed. I wasn’t able to sit in the car for the ride home. I had to lay down in the back seat, and even then I was in excruciating pain.

The first 10 days after the fall were a bit of a blur. The pain medicine made me very sleepy. When I was awake, the pain was usually unbearable. I discovered that there’s no such thing as a comfortable position with a broken tailbone. Standing and walking were so difficult that I needed my husband’s assistance to cover the 20 feet from our bed to the bathroom. Sitting to use the bathroom nearly caused me to pass out. (In this part of the letter, you should detail the impact that your injuries, treatments, and physical and emotional pain had on your life. Don’t be embarrassed to discuss normally private activities such as using the bathroom. It’s a part of daily life we all experience, and when your injuries impact your ability to live normally day to day, you’re entitled to compensation.)

When the pain hadn’t subsided after about 10 days, I went to see my family doctor, Molly Smith, M.D. She referred me to an orthopedist, Kevin Doe, D.O. Dr. Doe confirmed that I wasn’t a surgical candidate. He advised continued bedrest, prescribed additional pain medicine, and gave me a shot of an anti-inflammatory medication. Thankfully, within about 24 hours, the anti-inflammatory shot started to provide a bit of relief.

I was still in pain, but at least it became somewhat tolerable. Being completely unable to sit is more than just inconvenient—it’s life disrupting in many ways. For example, I work as a tax accountant. As you’re no doubt aware, that’s a sedentary job. I sit while working, doing accounting or tax research, and when meeting with clients and co-workers. (Be sure to describe in detail how your injuries impacted your ability to work. You can be compensated for lost wages and benefits. When it comes time to compute how much income you lost, speak to your employer’s payroll or human resources office to get supporting documentation.)

Because I couldn’t sit, I was unable to work for five weeks. When I was able to return to work, it was only part-time for another six weeks. According to the attached letter from my firm’s payroll department, I lost $16,000 of income because of my injury.

Unfortunately, my injury ruined our Christmas holidays. We’d planned to have family, including our children and grandchildren, fly in from all over the country to have Christmas at our house. We canceled those plans because I was in pain and miserable. We also had party plans for New Year’s Eve, which of course we also canceled. (These might seem like fairly minor issues, but they go to a category of damages called “loss of enjoyment of life.” As the name suggests, loss of enjoyment covers the activities and events that tend to bring people joy and happiness in life—time with family, friends, and others, vacations and other trips, hobbies and pastimes, and even simple daily activities you do to relax and enjoy yourself. Things like working out, exercising, stargazing, watching movies, and more all count.)

I continued to see Dr. Smith and Dr. Doe as needed during my recovery. Dr. Doe gave me a second anti-inflammatory shot about a month after the first. Again, it provided much-needed relief.

It’s now almost seven months since the fall and I’m still not pain free. I can’t sit for more than 30 to 40 minutes without pain. Riding in the car for extended periods of time is very uncomfortable. (Be sure to detail how your injuries and treatment continue to affect your life today. What can’t you do that you were able to do before? What can you do, but with more pain or difficulty? Be as complete and specific as you can.)

Before the fall, I went to the gym at least three days a week to walk on the treadmill. It was my primary form of exercise, which I did because I have a heart arrhythmia. I’m no longer able to keep up with that exercise routine because it simply causes too much pain and discomfort. Dr. Smith is concerned that my heart condition will worsen if I’m not exercising.

I find that doing routine household chores is also more difficult—sometimes impossible. Housecleaning, laundry, and cooking, when I can do them, now take much longer and cause pain. When he’s able, my husband pitches in, but he also has health issues and can’t do as much as he’d like. Quite often, the housework just doesn’t get done. We eat much more fast food and frozen, microwaveable meals.

As indicated in my attached medical records, Dr. Doe has advised that the pain I experience is likely to be permanent. The fact that it hasn’t resolved by now, he tells me, means that it will recur more or less frequently for the rest of my life. I’m 54 years old and hope to have many decades of life remaining, but those years will now be more difficult and often painful. (Here, Ima describes her orthopedist’s future prognosis. Talk to your treating doctors about what the future holds if you’re concerned about future or permanent injuries and pain. If possible, ask them to document their opinions and conclusions in your medical chart. Future damages and losses are compensable just like past damages and losses.)

Your Insureds’ Negligence Caused My Injuries

There’s no question that your insureds, Bigtown Auto Parts and Bigtown Commercial Properties, were negligent. There’s also no question that your insureds’ negligence directly caused my injuries. (Negligence is just a fancy legal term for failing to exercise reasonable care under the circumstances. When a property owner or lessee knows (or should know) about a dangerous condition on their property, they’ve generally got a duty to repair it or to warn visitors about it. If they don’t, they’ve failed to act reasonably—they’ve been negligent. When you bring a personal injury case, it’s up to you to prove that the other side was negligent. This is the part of the letter where you do that.)

Under Bigtown law, Bigtown Auto was solely responsible for maintaining the sidewalk in front of its store. Bigtown Ordinance 2003-27 says that it’s the duty of every commercial merchant to keep any sidewalk immediately adjacent to the merchant’s business premises free of obstructions, debris, snow, and ice. (A written law like an ordinance, statute, or regulation can help to prove that the other side had a legal duty to do something. If they fail to do what the law requires, that can be proof of negligence.)

I also contacted the owner of the property, Bigtown Commercial Properties. According to the lease that your insureds signed, Bigtown Auto was solely responsible for keeping the sidewalk free of ice, snow, and other hazards, at Bigtown Auto’s expense. (A written contract like a lease can also establish that someone had a legal duty to do something.) Clearly, Bigtown Auto violated both Ordinance 2003-27 and the terms of its lease.

Based on Connie’s comments when I fell, it’s obvious that the roof defect causing water to fall on the sidewalk after a snowstorm has been there for some time. The evidence at trial will show that Bigtown Commercial Properties has had more than enough time to fix this dangerous condition. It seems to have made a decision to let the danger remain, putting customers like me at unnecessary risk of harm.

Your insureds are solely responsible for my fall and my severe injuries. I don’t believe a jury would find that I was in any way to blame for what happened.

My Economic Damages

(Before you start working on this part of your settlement demand, take some time to learn about personal injury damages and how they’re calculated. Make sure you understand how pain and suffering is compensated. Figuring out the value of your case can be tricky, and you want to make sure you get it right. Once you’ve settled, you can’t go back and ask for more money. If you need help, contact a personal injury lawyer in your area.)

I’ve attached copies of all my medical bills to date. Here’s a summary:

My medical bills come to $5,209. For ease of computation, I’ll round that down to $5,200. As discussed above, I lost $16,000 in income while recovering. My economic damages total $21,200.

My Noneconomic Damages

Under the law, I’m entitled to compensation for noneconomic losses including pain and suffering, emotional distress, loss of enjoyment of life, and disability.

Both of your insureds knew about the condition that causes ice to accumulate on the walk. On the day I was hurt, Connie knew ice had accumulated on the sidewalk, but she was too “distracted” to simply apply ice melt. Your insureds, by all appearances, are completely indifferent to the harms and related suffering their negligence causes customers like me.

I believe a jury wouldn’t hesitate to award me five times my medical bills to compensate me for my noneconomic damages. Those damages come to $26,000 ($5,200 x 5). (Actually, a multiplier of five is a reach in a case like this. Chances are Ima’s noneconomic damages will be valued at two or three times her medical expenses. Still, Ima is right to ask for a multiplier of five. In settlement negotiations, start high so you have room to negotiate downward. If you start with a multiplier of three, you’ve got little or no negotiating room. Don’t ask for an outrageous multiplier. If you tell the insurance company you want $1,000,000 for noneconomic damages when your medical expenses are $5,000, you’ll never regain your lost credibility.)

Total Damages and Settlement Demand

My economic damages are $21,200 and my noneconomic losses come to $26,000. Thus, my total damages are $47,200. I demand that sum to settle all my claims against your insureds, Bigtown Auto Parts and Bigtown Commercial Properties.

If we’re unable to reach a settlement and I’m forced to file suit against your insureds, evidence of this demand won’t be admissible at trial.

I look forward to hearing from you within 30 days.

Sincerely,

/s/

Ima Injured

Get Help With Your Settlement Demand

There’s more to writing a demand letter than just sitting down and writing it. You need to gather supporting documents and evidence, compute economic and noneconomic damages, do legal research, and more. It can be a challenging task, particularly if you’ve never done it before.

You only get one chance to settle your case. Your best chance for a good, persuasive, and compelling settlement demand letter will come from hiring an experienced personal injury lawyer.