Sample depositions slip and fall-Questions You Might Be Asked in a Slip and Fall Deposition

Excerpted from Deposition Checklists and Strategies. Store-management witnesses are often identified by the defendant in response to your initial discovery, especially if the defendant plans to use these witnesses at trial. The identity of other witnesses especially those that help your case might require further investigation. You can depose any of these witnesses as soon as you have obtained the documents that you plan to use at the deposition. The goals of the deposition of a management-level employee in a slip-and-fall case are similar to the deposition goals in any personal injury case: to learn new facts that you did not know, and to obtain admissions and to learn what defenses the defendant may use at trial.

When taking a deposition, always be alert for facts that will help make your Sample depositions slip and fall stronger before the jury. Where name and identity of a person is required, please state the full name, home address and also business address, if known. Notice that the lawyer is free to ask the same question with different wording. For this reason, I ask that you please wait until I have finished my question before answering. However, depositiohs not stop there: be sure that you also ask questions about the defenses your opponent has raised in nad answer.

Redhead thumbnail galleries. What is a personal injury deposition?

There was a yellow barrier on one side of the puddle, but he could not see it when he was turning the corner into the aisle. After your initial order, all updates will be automatically shipped to you, along with a payment receipt. Unfortunately, when an at-fault party does not accept responsibility for their actions, or denies a claim or makes a lowball offer deposituons settle, then a victim may have no alternative but to file a premises liability lawsuit in order to recover the compensation needed to make them whole Intestinal worms pregnancy. From answers to written discovery, it has become apparent that fal defendant will argue that the plaintiff was being careless when he slipped in the orange juice. COMMENT: If you slio into the habit of asking questions such as the previous two, you will develop organizational charts as you depose case witnesses. Fall Prevention Awareness. Even over the counter remedies for colds, wnd, and the flu can contribute to a fall. Copies of any memoranda, correspondence, or minutes from any meetings regarding the snow removal budget from - Smith seemed to be in pain, correct? The depsitions will argue that the caution sign marked only one side of the spill, the side opposite the end of the aisle. If the witness had conversations with a lawyer who does not represent Porn dvd rip torrent witness, ask about those conversations too. You can depose any of these witnesses as wnd as you have obtained the documents that you plan Sample depositions slip and fall use at the deposition. The last question also seeks to prevent another convenient excuse for changing deposition testimony: that the witness was Sample depositions slip and fall medication that confused him or impaired his memory.

Miller, Jr.

  • Frequently, the only witness to a slip and fall incident is the victim himself.
  • The answers given by the deposed party can impact a case in a meaningful way.
  • Excerpted from Deposition Checklists and Strategies.
  • When sitting for the deposition of your slip-and-fall personal injury case, you can expect a lot of questions surrounding the circumstances of your accident and how it occurred.

Miller, Jr. Let us fight for you! Home Our Team Ronald V. Miller Jr. Laura G. Zois Rodney M. Gaston Justin P. Zuber Lisa A. Plaintiff Attorney Legal Information Center. Example Pretrial Documents for Plaintiff's Lawyers. Personal Injury Deposition Transcripts. Sample Deposition Notice. Any indemnity agreement between any of the parties to this case. Any indemnity agreement between any party to this case and nonparty which is relevant to the accident and injuries which have been made the basis of this suit.

Any rules, management guidelines, operating guidelines, or other similar writing or document that purports to show operating procedures for the management, care, maintenance, repair, and service of the premises in question. Any and all photographs that Defendant took or has in its possession of the scene of the accident or the resulting injuries to the Plaintiff.

Any and all expert reports which have been obtained from any expert and if a report has not been prepared, the preparation of a report is requested. Copies of any and all statements previously made by Plaintiff or any other witnesses concerning the subject matter of this lawsuit, including any written statement signed or otherwise adopted or approved by the Plaintiff hereto and any stenographic, mechanical, electrical or other type of recording or any transcription thereof made by any person hereto and contemporaneously recorded.

Any and all drawings, maps or sketches of the scene of the accident which has been made the basis of this lawsuit. A copy of any surveillance movies or photographs which have been made by the Defendant. All materials including, but not limited to, employee manuals, memoranda, and correspondence about safety rules and regulations to be followed by the employees to ensure homeowner safety on common space areas.

All premises inspection reports or other documents relating to observation of common areas safety by any person or entity, including Defendants, for the premises in question, for one 1 years before, and all dates after February 21, Copies of any interviews or statements with alleged witnesses to the incident.

All documents that relate to monies spent by Aspen Park Homeowners Association between and regarding snow removal and common area maintenance. All documents that identify the past and current members of the Board of the Aspen Park Homeowners Association between and All documents that relate to decision-making process for expenditures or assessments between to Copies of any memoranda, correspondence, or minutes from any meetings regarding the snow removal budget from - Submit a Law Firm Client Review.

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Did [you] [The company] know that the hazard could exist? In order to bolster your case for admissibility, find out all you can about the previous incident: how and when it occurred, why it occurred, and other facts about the incident itself. This is gathering the story of the accident from your perspective immediately after you were hurt. No victim wants to be re-victimized by an insurance company or defense lawyer. If you have elicited compelling objective proof of a serious injury, your client will endear himself to the jury if he humbly describes his life before the slip-and-fall event, and demonstrates that he is doing all he can to get on with his life, not idly dwelling on the past and what he has lost.

Sample depositions slip and fall. Goals, Strategy and Preparation

If the walkway or pathway you were using had a handrail, that will also be relevant; you can expect to be asked if you saw it, and if so, how you used it to steady yourself.

If you saw it but did not use it, then why not? If there were other people around you, you will be asked who they were, if you knew them prior to the accident, and what did they did during and after your accident. Your Slip and Fall Deposition admin July 24, Slip and Fall 0 When sitting for the deposition of your slip-and-fall personal injury case, you can expect a lot of questions surrounding the circumstances of your accident and how it occurred.

Free Case Review. What Should I Do? It is a question and answer process. Your lawyer is present, sitting beside you, and he or she can voice objections on the record just as if you were sitting on the witness stand. The deposition does not replace the victim taking the stand during the trial. Here are examples of slip and fall deposition questions that you can expect to be asked by the defense lawyer who is representing the owner of the business or property where you slipped and fell.

Consider the following questions carefully, because there are reasons for each of these queries to be asked. If you saw debris or spills on the floor before you fell, then that fact may bolster their argument that you were at fault in the accident. Was this further negligence by the defendant, or did a third party contribute to the accident? Was a display set up by an outside vendor blocking your view? Were you carrying something that blocked your view? Same rationale here as question number 1.

Notice that the lawyer is free to ask the same question with different wording. This is a key question. The defense wants to narrow down your story and version of events on what happened to cause you to fall down. Sometimes, clothing can hamper your ability to move and walk and this can be used in a argument that you were at fault for the fall. Same as above. For details here, watch our video: How do the shoes I am wearing affect a slip and fall? Many different drugs and medications can hamper your perception and motor skills.

Even over the counter remedies for colds, coughs, and the flu can contribute to a fall. The defense will be trying to find out if drugs contributed to your fall. Here, they are looking for facts on the medications you were taking during the 24 hour time period before the fall.

Some drugs have long-lasting effects, and it is through discovery that the defense can learn of your prescriptions as well as non-prescription medications. If you answered yes to taking any drugs or medications, they will want to learn about the side effects.

They will also research the drugs themselves for what the drug manufacturer acknowledges as side effects of the drugs. If you tripped and fell, they want your story on what caused you to trip, and will ask you to describe it. If you knew the hazard was there, then they may argue you were at fault for not avoiding it.

This is gathering the story of the accident from your perspective immediately after you were hurt. They want to know if steps were taken to deal with the danger after the event.

The defense will want to know if anyone presented paperwork to you at the time of the accident, including the store employees. If so, the defense will ask for copies of these documents. The defendant will want to read what your story was in this incident report, to see if it jives with your pleadings and your testimony. Did the employee or store manager say anything about the condition that caused the slip and fall?

The defense wants to know your side of the story on what happened, and they want to try and build an argument that you are to blame if you knew of the hazard and failed to avoid it.

Slip and Fall Case: Deposing the Store Manager | JEC

Ronald V. Miller, Jr. Laura G. Let us fight for you! Home Our Team Ronald V. Miller Jr. Zois Rodney M. Gaston Justin P. Zuber Lisa A. Plaintiff Attorney Legal Information Center. Example Pretrial Documents for Plaintiff's Lawyers. Sample Discovery. Defendants' Interrogatories. Sample Birth Injuries. Sample Interrogatories for Slip and Fall. Below are form interrogatories to be served on the defendant in a trip and slip case. While you are filing interrogatories, there is a lot of wisdom in also filing requests for admission.

Here are sample RFAs in a slip and fall case. Case No. Unless otherwise stated, these Interrogatories refer to the time, place and circumstances of the occurrence mentioned or complained of in the Complaint.

Where name and identity of a person is required, please state the full name, home address and also business address, if known. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and unless privileged, his attorneys.

When an answer is made by the corporate defendant, state the name, address, and title of persons supplying the information and making the affidavit, and announce the source of his or her information. The pronoun "you" refers to the State of Maryland and related entities. Interrogatories Please identify the person or persons responding to these Interrogatories on the state of Maryland.

Please identify in your answer each person who has provided information in connection with these interrogatory answers. Identify the party who was responsible for maintaining the walkways and common areas of the Maryland Avenue Garage. Identify any person or party other than Defendant s to this lawsuit whom you contend caused or contributed to the occurrence complained of, including any architect, engineer, designer, contractor, subcontractor or others.

Include in your answer whether you blame Plaintiff for Plaintiff's own injuries. For each such individual, identify his or her job title and job function being performed by that individual at the time of this slip and fall accident, and the summary of what knowledge the witness has.

Identify any individual you are aware of that has knowledge of the facts and circumstances of this case, including but not limited to eyewitnesses, people claiming to be eyewitnesses and any individuals who arrived at the scene of at Plaintiff's February 20, slip and fall within five 5 hours after the accident. If anyone investigated this matter for you including, but not limited to, medical experts, private investigators or insurance adjusters, state their name s and address es , and state whether such investigation was reduced to writing, and the substance of their investigation and findings.

If said investigators obtained any signed, recorded, transcribed or oral statement from any individual, identify the person who gave the statement and the present custodian of such statement.

Identify each person interviewed concerning the incident. Identify each and every written report made by any person concerning the incident. Please state in your own words what you believe happened to the Plaintiff while she was on the Premises, and include in your answer the basis upon which you have formed that belief.

State whether or not the Premises were equipped with a video surveillance camera and, if so, whose responsibility it was on the date of the occurrence to monitor the surveillance camera and whether there are still tapes from the date of the occurrence and the week both before and after the occurrence.

Describe the lighting, both artificial and natural, of the area in question at the time the Plaintiff was injured. Do you know of any statement, conversation, comment, testimony or report made by any party to this lawsuit or witness, including the Plaintiff, made at the time of the occurrence or following the occurrence, concerning the occurrence or facts relevant to any issue in this case?

State the name and specialty of all experts whom you propose to call as witnesses at trial, and for each expert state the subject matter on which the expert is expected to testify, the substance of the findings and opinions to which the expert is expected to testify and attach to your Answers copies of all written reports of each such expert.

Do you believe that you did everything that you could to prevent Plaintiff's injuries? Set forth everything that you did to avoid the accident that occurred. Is there anything you wish you had done differently? Please identify your correct legal entity and identify, stating the date on which such entity was formed, the State of incorporation, the name s and address es of all officers, directors, general partners, limited partners and all other parties with any interest in your organization.

Identify any previous or subsequent incidents of which you are aware that occurred in substantially the same manner as the incident complained of in this lawsuit, or which also occurred at the Premises, including a description of all premise liability claims made involving this property over the last 10 years.

Do you think Plaintiff knew or should have known the area in which Plaintiff fell was not safe to be walked on by the Plaintiff or anyone else? Set forth all facts upon which you intend to rely upon at trial to support your answer.

Identify when you were first notified of the fact that the area in which Plaintiff fell presented a hazardous condition to invitees on the Premises because of ice.

At the time of Plaintiff's injury, do you contend that any person or entity other than you managed or controlled the Premises on which Plaintiff alleges she was injured? If so, state each and every fact on which you base the contention and identify each and every writing that supports that contention. If so, state each and every fact on which you base your contention and identify each and every writing that supports that contention.

What efforts were made by the state of Maryland to correct the condition which Plaintiff contends caused her injuries? This includes any and all written material, slides, photographs, films, videotapes, etc. Submit a Law Firm Client Review. Our Firm. Medical Malpractice. Personal Injury Practice. Communities Served. Injury Victim Help Center.

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