A Walmart slip-and-fall deposition follows a set outline: background and employment history, the incident itself, the hazardous condition, your injuries and treatment, prior or subsequent falls, and your conduct afterward. This outline is drawn from seven real Walmart depositions and lists the actual questions asked in each category.

We’ve reviewed and organized the questions asked across the seven Walmart cases these questions are drawn from to build the outline below. Whether your fall gets called a “slip” or a “trip,” the process is the same: Walmart’s attorney locks in your version of events, looks for inconsistencies, and sizes up your injuries and damages before trial. Knowing the outline in advance is the best way to walk in prepared.

Why Walmart Takes the Plaintiff’s Deposition First

Either side may take the oral deposition of any party without a judge’s permission first, under 12 O.S. Section 3230, which also caps a single day of testimony at six hours absent an agreement or court order otherwise. Walmart’s lawyer uses that right early because a fall case built on premises liability turns on notice: Oklahoma’s negligence statute, 76 O.S. Section 1, and the case law applying it require proof Walmart knew, or should have known, about the hazard, not just that it existed. That’s why so many questions below focus on how long the substance had been on the floor. Our explainer on why the “how long was it there” question matters legally covers that notice standard further. See the Cornell Legal Information Institute’s entry on depositions for a plain-language definition of the procedure, and the full text of Section 3230 on Justia for the complete rule.

Your Deposition Outline: The Topics Walmart’s Attorney Will Cover

Every Walmart slip-and-fall deposition we’ve reviewed moves through the same six topic groups, in roughly this order:

Background information. Your name, address, age, occupation, marital status, and how familiar you already were with the store.
Incident details. The date, time, and location of the fall, why you were at the store, what you were doing beforehand, and who witnessed it.
The hazardous condition. What caused the fall, whether you noticed it first, whether any warning signs were out, and how long the hazard had been there.
Injuries and damages. The injuries themselves, the treatment you received, how they’ve affected your work and daily life, and what you’re claiming.
Prior and subsequent incidents. Any earlier falls or similar accidents, and anything that happened to you physically after this one.
Your conduct. Whether you were distracted, whether you’d been drinking, and anything you said at the scene that could read as an admission.

The full list below breaks each group into the specific questions a Walmart attorney is likely to ask.

The Full List: Deposition Questions a Walmart Attorney Will Ask

Expect frequent follow-ups woven through every section below, things like “Please explain,” “What else?” and “Please continue,” along with reminders to let the court reporter finish typing before you answer.

Personal Background

Please state your full name for the record.
Have you used any other name, such as a maiden name or a nickname, at any point in your life?
Have you given a deposition before?
Are you taking any medications, prescription or otherwise, or substances today that could impair your ability to answer questions truthfully?
What is your current address?
How long have you lived at that address?
Who lives with you at that address?
What is your date of birth?
What is your current age?
Where were you born?
Are you currently married? If so, what is your spouse’s name, and how long have you been married?
Do you have any children? If so, what are their names and ages?
What is the highest level of education you completed?
Where did you attend high school? When did you graduate?
Did you attend college or receive any other post-secondary education or training? If so, please describe.
Do you have any professional licenses or certifications?
Have you ever been convicted of a felony or crime involving dishonesty? If so, please explain.
Have you ever been arrested? If so, please explain.
Have you ever filed for bankruptcy? If so, when?
Have you ever been a plaintiff or defendant in any other lawsuits? If so, please describe.

Employment History

What is your current employment status?
What is your current occupation and employer? How long have you worked there?
Please list your employment history for the past 10 years, including employers, positions held, and dates.
Have you ever been injured on the job? If so, please describe the injury, treatment received, and any workers’ compensation claims.
Are you currently receiving any disability, unemployment, or other government benefits?

Medical History

How would you describe your overall health before the incident?
Did you have any physical limitations, disabilities, or pre-existing medical conditions before the incident?
Who is your primary care physician? How long have they treated you?
Please list any medications you were taking at the time of the incident and the conditions for which they were prescribed.
Have you ever had any surgeries before this incident? If so, please list the type of surgery, date, and reason.
Have you ever been diagnosed with or treated for any chronic illnesses like diabetes, heart disease, or high blood pressure?
Do you smoke cigarettes or use any form of nicotine?
Do you use any THC products?
Have you ever been treated for any mental health conditions like depression or anxiety?
Did you have any prior injuries or conditions affecting the same parts of your body injured in this incident?
Have your injuries from this incident aggravated or worsened any pre-existing conditions you had before the fall?

Incident Details

On what date did the slip and fall incident at Walmart occur?
Approximately what time of day did the incident happen?
At which Walmart store location did the incident take place?
Why were you at Walmart on that date?
Were you shopping alone or with anyone else? If so, who?
Please describe in detail what you were doing from when you entered Walmart to when the incident occurred.
Exactly where in the store did the slip and fall happen?
What caused you to slip and fall?
Did you see what you slipped on before falling? If so, please describe it in detail.
Do you know what substance caused you to fall?
Do you know how long the substance had been on the floor before your fall?
Did you notice the substance before you slipped on it?
Were there any warning signs, cones, or barricades in the area indicating a hazard?
Were there any Walmart employees in the immediate vicinity when you fell?
Did anyone witness your fall? If so, who?
What happened immediately after you fell?
Did anyone help you up or offer assistance?
Did you report the incident to any Walmart employees? If so, who and when?
What specifically did you tell the Walmart employees about how the incident occurred?
Did you complete an incident report or provide a written or recorded statement to Walmart?
Were any photographs taken of the scene or of your clothing after the incident? If so, by whom?
Approximately how long did you remain in the store after the fall occurred?
What type of footwear were you wearing at the time of the incident? Please describe the condition of the footwear.
Were you under the influence of any alcohol or drugs at the time of the incident?
Can you describe the lighting conditions in the area where the fall occurred?

Familiarity With the Store

How frequently did you shop at this particular Walmart location before the incident?
Are you familiar with the general layout of the store?
Have you ever noticed any hazardous conditions or spills in the store on prior visits?
Did you walk by or through the area where you fell before you fell?

Actions Right After the Fall

Did you photograph the scene, clothing, or injuries after the incident?
Did you retain the clothing and shoes you were wearing at the time of the incident?
Did you notify anyone else about the incident, such as family members, friends, or coworkers?
Did you discuss the incident with any other customers or witnesses at the scene?
Did you contact any attorneys or legal representatives before seeking medical treatment?

Injuries and Treatment

What physical injuries did you sustain in the fall?
What parts of your body were injured?
Did you experience any pain or symptoms immediately after the fall? If so, please describe.
Did you request or receive any medical attention at the scene?
Where did you first seek medical treatment after leaving Walmart? How did you get there?
What medical providers, such as doctors, physical therapists, or chiropractors, have you treated with for your injuries?
What diagnostic tests, such as x-rays, CT scans, or MRIs, have you undergone for your injuries?
What treatment have you received for your injuries, such as surgery, injections, physical therapy, or chiropractic care?
Are you still actively treating for any of your injuries? If so, with whom and how frequently?
Has any doctor indicated that your injuries are permanent or assigned an impairment rating?
How have your injuries impacted your daily life, activities, and ability to work?
What activities can you no longer do, or are limited in, because of your injuries?
Are you able to work currently? If not, why not? If so, have you had to make any accommodations due to your injuries?
Have you experienced any psychological or emotional distress due to your injuries?
Reviewing the medical records related to this fall, did you improve while under the care of this provider, and the others on the list?
Are you currently scheduled for, or anticipating, any future medical procedures or surgeries related to your injuries from this incident?

Damages

Are you claiming lost wages or loss of earning capacity? If so, what is the basis?
What are your total medical bills related to treatment for these injuries to date?
Do you anticipate needing any future medical care for your injuries? If so, what type and for how long?
Will you claim other economic damages, such as out-of-pocket expenses, transportation costs, or home modifications?
Are you seeking non-economic damages for pain and suffering, mental anguish, or loss of enjoyment of life?
Have you incurred any out-of-pocket expenses related to your injuries, such as prescriptions, medical equipment, or transportation costs?
Has your ability to perform household chores or engage in recreational activities been impacted by your injuries?
Have your injuries affected your relationships with family members or friends?
What do you do for hobbies?
What do you want from this lawsuit?

Medical Insurance and Billing

Did you have health insurance at the time of the incident? If so, has your insurance covered any portion of your medical expenses?
Have you received any liens, letters of protection, or notices from your health insurance or medical providers regarding your treatment?
Have you been referred to any medical providers by your attorney?
Have you received any loans related to this lawsuit?

Prior and Subsequent Accidents or Injuries

Have you been involved in any other accidents or sustained injuries to the same parts of your body before this incident? If so, please describe.
Have you been involved in any other accidents or sustained any new injuries since this incident? If so, please describe.
Have you ever been involved in other slip-and-fall incidents before or after this one?

Knowledge of Store Policies and Safety Training

Are you aware of any Walmart policies or procedures for cleaning up spills or hazards in the store?
Have you ever worked in a retail store?
Have you ever received slip and fall prevention training?
Do you have any training or experience in slip and fall safety or accident prevention?
What do you allege Walmart did wrong?
What do you allege Walmart should have done differently?

Who You Talked to Afterward

Have you discussed the incident or your injuries with insurance representatives or adjusters?
Other than your attorney, who have you discussed this case with?

Social Media and Online Presence

Have you made any posts, comments, or updates on social media about the incident, your injuries, or the lawsuit? See why what you post could show up at your deposition.
Have you taken a vacation after you fell?
Have you gone on any road trips after your fall?
Have you reviewed any online reviews, comments, or discussions about slip and fall incidents at Walmart stores?

Legal Representation and Litigation History

When did you first contact your current legal counsel regarding this incident?
Have you discussed this case with any other attorneys or legal professionals?
Have you retained any expert witnesses to testify on your behalf in this case?

Wrap-Up Questions

Is there any other information about the incident, your injuries, treatment, or damages that we haven’t covered that you think is important?
Have you understood all of my questions today?
Have you answered my questions today truthfully and to the best of your ability?
Do you have anything else you would like to add?

What Evidence and Exhibits Walmart Will Use Against You

Walmart’s attorney typically brings exhibits into the room and asks you to identify or respond to each: photos of the scene and your injuries, security-video stills or clips, your medical records and bills from before and after the fall, the case pleadings, your interrogatory answers, and records from any prior litigation, employment, or earlier treatment. Ask your attorney for copies of anything already produced in discovery and review them again first. Being surprised by your own prior statement is one of the more damaging moments a deposition can produce.

What If You Were Partly at Fault?

Several questions above, on footwear, distraction, and alcohol, test whether you share responsibility for the fall. Oklahoma still lets a partly-at-fault plaintiff recover damages, though the amount can be reduced. Our explainer on how a shared-blame finding changes what you can recover covers how that works in a slip-and-fall claim, and why an honest, consistent answer usually serves you better than downplaying what happened.

How to Prepare for Your Walmart Slip-and-Fall Deposition

This outline covers what will be asked. Two other guides cover how to actually answer once you’re under oath: our etiquette pointers for the day you’re sworn in and our broader guide to surviving a plaintiff’s deposition. If someone besides you also saw the fall, our notes on why the store’s attorney asks who else was there cover that side of the case.

Whatever you say gets measured against every medical record, incident report, and prior statement in the file, whether the case ends in a settlement or heads to trial. Preparation means knowing the outline above cold, staying honest and consistent, and letting your attorney handle the objections. The attorney who preps clients for this exact question list reviews it with every plaintiff before the court reporter is sworn in. Our Oklahoma City slip-and-fall team at Hasbrook & Hasbrook has represented injured Oklahomans across two generations since 2000, and Clayton Hasbrook has practiced Oklahoma personal injury law since 2008. Heading into a Walmart deposition? Talk to us before you’re scheduled for one, or call (405) 605-2426.

Walmart Slip and Fall Deposition Questions of Plaintiff