Have you been subpoenaed to or called for a slip and fall deposition? Whether you are a witness in a slip and fall case, the negligent party, or the injured party, you must be fully prepared to be deposed.
Anything and everything you say during a deposition constitutes sworn, oral testimony that may be reduced to a written transcript for use in court during the trial. The process of questioning at a slip and fall deposition begins with basic background questions like educational level, job history, and criminal background.
If you are the plaintiff in the case, the defense lawyer will ask questions related to your injury claim. Some of the common questions asked during the process are related to your medical history, previous injuries, and how their impact on your life.
If you have filed a premises liability lawsuit and have been called for a deposition, you must be wondering what questions at my slip and fall deposition I have to prepare for. Below you’ll find some of the more commonly asked questions at such a deposition:
What were you wearing at the time of the accident?
The defense lawyer attempts to show that the plaintiff somehow contributed to the slip and fall. They may try to suggest that the accident happened because the plaintiff was wearing inappropriate footwear or a long dress.
Did you have anything in your hands when the accident happened?
The defense attorney may try to suggest that the accident happened because the plaintiff got distracted and lost their balance. For example, a person paying attention to their phone or carrying heavy bags is more likely to lose their balance and fall.
Did you notice the defect that made you fall?
Regardless of the cause of the fall, the defense attorney will want to know if you noticed it beforehand. If you say that you didn’t notice the defect that led to falling, they’ll ask where you were looking when you fell.
Do you think the defendant should have been aware of the potential hazard?
When you file a premises liability lawsuit, you are asserting that the owner of the property should have known and remedied the dangerous condition that caused the falling. However, this is not reasonable in some situations.
For example, if you are in a restaurant’s toilet and another customer keeps the faucet running and wets the fall– and you fall and hurt yourself, the restaurant’s manager would not have enough time to set this right. Because such conditions exist, the defendant’s lawyer may ask if you think the client should have known about the danger and remedied it.
The opposing counsel may also try to cross a line with unreasonable and invasive questions. This can both intimidate and confuse you. Having a knowledgeable attorney by your side will make the entire process so much easier and less intimidating for you. Slip and fall lawyers prepare clients for such situations and guard them against the invasive questioning of the opposing attorney.