Walmart Slip and Fall Deposition Questions of Plaintiff

Questions from Seven Walmart Slip and Fall Depositions

We’ve summarized and organized deposition questions from seven slip-and-fall cases against Walmart. The Walmart lawyer will generally want to take the plaintiff’s deposition. This gives the defense a chance to:

1. Establish the facts surrounding the incident and the plaintiff’s version.
2. Identify any inconsistencies in the plaintiff’s account.
3. Determine the extent of the plaintiff’s alleged injuries and damages. Uncover potential defense arguments such as gaps in treatment or failure to follow the doctor’s instructions.
4. Uncover any pre-existing medical conditions.
5. Uncover any potential contributory negligence or assumption of risk by the plaintiff.
6. Evaluate the plaintiff’s credibility.

You may want to review these questions as you prepare for your deposition.

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The plaintiff can expect the following topics during the deposition

1. Background Information
   • Plaintiff’s name, address, age, occupation, and marital status
   • The plaintiff’s familiarity with the incident location
2. Incident Details
   • Date, time, and location of the incident
   • Purpose of the plaintiff’s visit to the premises
   • Description of the plaintiff’s actions immediately before the incident
   • Circumstances leading up to the slip-and-fall
   • Identification of any witnesses to the incident
   • Plaintiff’s footwear and clothing at the time of the incident
   • Lighting conditions and weather (if applicable)
   • The plaintiff’s familiarity with the area where the incident occurred
3. Hazardous Condition
   • Description of the alleged hazard that caused the slip-and-fall
   • The plaintiff’s knowledge of the hazard before the incident
   • Whether the plaintiff noticed any warning signs or barriers
   • Length of time the alleged hazard was present before the incident
   • Any efforts made by the plaintiff to avoid the hazard
4. Injuries and Damages
   • Description of the injuries sustained from the slip-and-fall
   • Immediate symptoms and onset of pain
   • Medical treatment sought (doctors, hospitals, therapies)
   • Diagnostic tests performed and their results
   • Prognosis and future medical treatment needed
   • Impact of the injuries on the plaintiff’s daily life and work
   • Lost wages and earning capacity
   • Claimed pain and suffering, mental anguish, or loss of consortium
5. Prior and Subsequent Incidents
   • Any prior slip-and-fall incidents or similar accidents
   • Subsequent accidents or injuries after the incident in question
   • Pre-existing medical conditions that may have contributed to the incident or alleged injuries
6. Plaintiff’s Conduct
   • Whether the plaintiff was distracted (e.g., using a phone) at the time of the incident
   • Alcohol or drug use before the incident
   • Any admissions of fault or apologies made by the plaintiff

List of Deposition Questions a Slip and Fall Plaintiff Can Expect by a Walmart Attorney

In general, expect many follow-up questions such as “Please explain” and “What else?” “Please continue” and “Please wait until I finish my question so the court reporter can type everything down.”

Personal Background

1. Please state your full name for the record.
2. Have you ever gone by any other names?
3. Have you given a deposition before?
4. Are you taking any medications, prescription or otherwise, or substances today that could impair your ability to answer questions truthfully?
5. What is your current address?
6. How long have you lived at that address?
7. Who lives with you at that address?
8. What is your date of birth?
9. What is your current age?
10. Where were you born?
11. Are you currently married? If so, what is your spouse’s name, and how long have you been married?
12. Do you have any children? If so, what are their names and ages?
13. What is the highest level of education you completed?
14. Where did you attend high school? When did you graduate?
15. Did you attend college or receive any other post-secondary education or training? If so, please describe.
16. Do you have any professional licenses or certifications?
17. Have you ever been convicted of a felony or crime involving dishonesty? If so, please explain.
18. Have you ever been arrested? If so, please explain.
19. Have you ever filed for bankruptcy? If so, when?
20. Have you ever been a plaintiff or defendant in any other lawsuits? If so, please describe.

Employment History

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

Medical History

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

Incident Details

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

Plaintiff’s Familiarity with the Store

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

Plaintiff’s Actions After the Incident

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

Injuries & Treatment

1. What physical injuries did you sustain in the fall?
2. What parts of your body were injured?
3. Did you experience any pain or symptoms immediately after the fall? If so, please describe.
4. Did you request or receive any medical attention at the scene?
5. Where did you first seek medical treatment after leaving Walmart? How did you get there?
6. What medical providers (doctors, physical therapists, chiropractors, etc.) have you treated for your injuries?
7. What diagnostic tests (x-rays, CT scans, MRIs, etc.) have you undergone for your injuries?
8. What treatment have you received for your injuries (surgery, injections, physical therapy, chiropractic care, etc.)?
9. Are you still actively treating for any of your injuries? If so, with whom and how frequently?
10. Has any doctor indicated that your injuries are permanent or assigned an impairment rating?
11. How have your injuries impacted your daily life, activities, and ability to work?
12. What activities can you no longer do or are limited in because of your injuries?
13. Are you able to work currently? If not, why not? If so, have you had to make any accommodations due to your injuries?
14. Have you experienced any psychological or emotional distress due to your injuries?
15. Before this accident, when was the last time you slipped, tripped, or fell?
16. After this accident, have you slipped, tripped, or fell other than on the date related to this claim?
17. Reviewing the medical records related to this fall: Did you improve with this provider (and the others down the list)?

Damages

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

Plaintiff’s Medical Insurance and Billing

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

Plaintiff’s Prior and Subsequent Accidents or Injuries

1. 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.
2. Have you been involved in any other accidents or sustained any new injuries since this incident? If so, please describe.
3. Have you ever been involved in other slip-and-fall incidents before or after this one?

Plaintiff’s Current Medical Status and Future Prognosis

1. Are you currently scheduled for or anticipating any future medical procedures or surgeries related to your injuries from this incident?
2. Has any medical provider discussed the potential need for future medical care or treatment related to your injuries?

Plaintiff’s Knowledge of Store Policies and Safety Training

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

Plaintiff’s Conduct After the Incident

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

Plaintiff’s Social Media and Online Presence

1. Have you made any posts, comments, or updates on social media platforms about the incident, your injuries, or the lawsuit?
2. Have you taken a vacation after you fell?
3. Have you gone on any road trips after your fall?
4. Have you reviewed any online reviews, comments, or discussions about slip and fall incidents at Walmart stores?

Plaintiff’s Legal Representation and Litigation History

1. When did you first contact your current legal counsel regarding this incident?
2. Have you discussed this case with any other attorneys or legal professionals?
3. Have you ever been involved in any other legal claims or lawsuits not previously mentioned?
4. Have you retained any expert witnesses to testify on your behalf in this case?

Other

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

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Walmart Deposition Exhibits

You can also expect to review exhibits during the deposition and to receive questions about the exhibits. These include photos of the incident, screenshots of the security video, sometimes highlights from the security video, copies of your (before and after the accident) medical records and bills, pleadings on the case, answers to interrogatories, previous litigation, employment, and prior litigation records.