No one expects to slip and fall in an establishment. Places of business have a responsibility to potential customers, which is why if you have slipped and fallen in one, you may be able to pursue legal action by filing a demand letter. The purpose of a Tampa slip and fall demand letter is to let the owner or controller of the premises who was injured, what exactly a person’s theory of the case, what they believed happened, what evidence they have that this occurred there, why they believe it is their fault, and what the damages are in a claim that they are bringing against them. A talented attorney can guide you through the process of filing a demand letter and will advocate for you.
Defining Demand Letters
Tampa slip and fall demand letters include what happened, so the theory of liability, what it was that a person slipped on, and why the owner or controller of the premises should have prevented them from falling on that. The letter will also go through what the person’s injuries are and what medical treatment they had to go through because of these injuries. The letter should detail the medical bills and the lost wages and pain and suffering that they have gone through as result of these injuries. Lastly, the letter will talk about the future medical bills, lost wages, loss of earning capacity, pain, and suffering, and loss of enjoyment of life that they are going to have to go through because of the slip and fall accident.
Recipient of the Demand Letter
The demand letter is usually presented to the owner of either the business or the premises that a person was injured on, many times they have an adjuster assigned to the case and some of them have attorneys assigned to the case from the beginning but it is sent to the actual owner of the facility that they slipped and fell at. A copy of the demand letter is not presented to the court later on because it is considered a part of confidential settlement negotiations.
Purpose of Plaintiff Filing a Letter
By filing a Tampa slip and fall demand letter, the plaintiff is attempting to prove that the owner or controller of the premises knew or should have known about this dangerous condition that caused their injuries, and did nothing to remedy that dangerous condition.
The defense tries to argue that the plaintiff either caused or contributed to this injury and that the problem or dangerous condition was open and obvious and they should have been able to avoid it. Then lastly the most common thing that the defense uses is that these injuries are not that bad, so even though they are liable, this case should be settled for much less than what the plaintiff is asking for.
An individual should try to gather either pictures or whatever it was that a person slipped and fell on. They should try to figure out if there were any cameras that could have recorded the incident, they should try to get an incident report filed with the company or the place that they slipped and fell, and try to gather any witnesses that were at the scene and saw them slip and fall.
Seeking Legal Counsel
Slipping and falling is an unpleasant experience and that unpleasantness is compounded by resultant injuries. However, if you have fallen, there are legal actions you can take. Tampa slip and fall demand letters are one way that you can pursue legal recourse. If you have fallen and sustained injuries as a result, a slip and fall accident lawyer can help you file a demand letter, and can work to hold the responsible parties accountable/