Questions You May Face in Your Slip and Fall Lawsuit

At Wolfson & Leon, our Florida slip and fall lawyers represent injured victims in their pursuit of justice and compensation. One of the most critical events in a premises liability lawsuit is the plaintiff’s deposition.

At some point, the injured person, the plaintiff, will be asked to sit for a deposition which is a question-and-answer session under oath attended by the attorneys in the case. The defendant’s attorney can ask the plaintiff a wide variety of questions.

Inevitably, the questions will zero in on the accident itself. Specifically, the defense attorney’s job is to raise doubts and questions about the cause of the accident as well as what the plaintiff did wrong.

Questions About What Happened Right Before the Slip and Fall Accident

The defense attorney can ask the following questions to establish some other cause, including the plaintiff’s fault, for the slip and fall accident:

Did you see the wet floor before you slipped?
Were you walking near the water when you fell?
Did you notice any caution signs nearby?
Did you slip on the water unexpectedly?
Did you fall due to the slippery surface?
Did you experience immediate pain upon falling?
Did you feel stable before the incident?
Were you aware of any witnesses around you?
Did you attempt to regain your balance?
Did you see the source of the water?
Did you hear any warnings from mall staff?
Did you feel any dizziness before the fall?
Did you observe any hazard indicators?
Did you communicate your fall to anyone?
Did you notice any objects obstructing your path?
Did you notice any spills in the vicinity?
Did you slip because of a large puddle?
Did you recognize the wet floor as dangerous?
Did you notice anyone else slipping before you?
Did you expect the mall to maintain safety?
Did you try to avoid the wet area?
Did you see anyone cleaning the floor?
Did you perceive the floor as unusually slippery?
Did you experience any pre-fall discomfort?
Did you see anyone else near the water?
Did you notice any leaks in the ceiling?
Did you expect mall floors to be dry?
Did you notice any uneven flooring?
Did you encounter any obstacles before falling?
Did you expect the mall to be hazard-free?

Questions About the Plaintiff’s Inactions

Here are some of the questions that you as a plaintiff might face in a typical premises liability accident like a slip and fall at a mall that are focused on your failure to act:

Were you not paying attention to the floor while walking?
Did you fail to notice the wet floor warning signs?
Were you walking too quickly given the mall’s conditions?
Did you overlook the obvious hazard of a wet floor?
Were you not observing your surroundings while walking?
Did you ignore the potential danger of slippery surfaces?
Were you not cautious of wet floors in public places?
Did you neglect to adjust your pace in the mall?
Were you not watching where you were going while walking?
Did you disregard the need to proceed with caution?
Were you distracted by something else while walking?
Did you fail to heed warnings about the wet floor?
Were you not focused on avoiding potential hazards?
Did you overlook the importance of walking slowly in malls?
Were you not aware of the consequences of walking hastily?
Did you fail to anticipate the risk of slipping on water?
Were you not mindful of safety measures while walking?
Did you underestimate the danger of a wet floor?
Were you not vigilant of slippery conditions in the mall?
Did you neglect to take reasonable care while walking?
Were you not paying attention to your footing?
Did you disregard the need to slow down near water?
Were you not cautious of wet areas in the mall?
Did you fail to exercise caution while navigating the mall?
Were you not aware of the potential for accidents in malls?
Did you overlook the importance of watching your step?
Were you not cautious of the risks associated with wet floors?
Did you fail to exercise proper care while walking?
Were you not mindful of your own safety while walking?
Did you fail to adjust your behavior to the mall’s conditions?
Were you not cautious of potential hazards on the floor?
Did you neglect to slow down in potentially dangerous areas?
Were you not attentive to your surroundings in the mall?
Did you fail to take necessary precautions while walking?
Were you not careful to avoid slippery areas in the mall?
Did you overlook the importance of walking at a safe pace?
Were you not alert to potential dangers while walking?
Did you fail to anticipate the risk of slipping on wet surfaces?
Were you not exercising due care while walking?
Did you neglect to watch your step in the mall?
Were you not cautious of the potential for accidents?
Did you disregard the need to proceed with caution in the mall?
Were you not careful to avoid areas with water?
Did you overlook the need to be vigilant in public spaces?
Were you not cautious of slippery surfaces in public places?
Did you fail to recognize the importance of walking safely?
Were you not observing the environment around you while walking?
Did you neglect to be mindful of potential hazards?
Were you not aware of the need to be cautious in malls?
Did you overlook the importance of walking attentively in the mall?

Questions Designed to Absolve the Defendant of Any Responsibility

Here are a set of questions that the defense attorney could ask where the purpose is to relieve the defendant of any responsibility for your slip and fall accident:

Did you notice any negligence in the mall’s maintenance practices?
Were there any warning signs indicating the wet floor?
Did you see any evidence of recent cleaning or maintenance?
Were there any spills or leaks visible before the incident?
Did you observe any mall staff neglecting their duties?
Were the mall’s floors generally well-maintained and clean?
Did you notice any irregularities in the flooring before falling?
Were there any obstacles obstructing your path in the mall?
Did you see any other patrons slipping or falling in the area?
Were the mall’s floors typically dry and safe to walk on?
Did you witness any unsafe behavior by other mall visitors?
Were you aware of any ongoing maintenance or repairs in progress?
Did the mall provide adequate lighting in the area?
Did you encounter any hazards unrelated to the mall’s maintenance?
Were you walking in an area designated for pedestrian traffic?
Did you feel the mall provided a safe environment for visitors?
Were you familiar with the layout of the mall before the incident?
Did you see any evidence of negligence on the part of mall management?
Were there any reports of previous accidents in the same area?
Did you notice any defects in the flooring material itself?
Were there any known issues with drainage or water buildup?
Did you observe any recent inclement weather affecting the mall’s interior?
Were you walking in accordance with mall rules and regulations?
Did you experience any pre-existing medical conditions that may have contributed?
Were you wearing appropriate footwear for walking in the mall?
Did you witness any suspicious activity in the mall before the incident?
Were there any witnesses who could attest to the mall’s cleanliness?
Did you notice any unusual odors or smells in the area?
Were there any security cameras in the vicinity of the accident?
Did you notice any debris or objects on the floor before the fall?

Questions About the Plaintiff’s Responsibility for Their Own Accident

Here are the defense attorney’s questions that attempt to establish that the plaintiff caused or contributed to accident:

Did you fail to notice the wet floor warning signs?
Were you distracted while walking near the wet area?
Did you ignore the caution signs indicating a wet floor?
Did you step onto the wet surface without caution?
Did you fail to watch your step near the water?
Were you walking too quickly in the mall?
Did you fail to take proper care while walking?
Did you neglect to avoid the wet floor area?
Were you not paying attention to your surroundings?
Did you fail to react to the slippery conditions?
Did you fail to exercise reasonable caution near the water?
Were you not watching where you were going?
Did you disregard the potential hazard of a wet floor?
Were you not cautious of slippery surfaces in the mall?
Did you neglect to avoid walking near the water?
Were you walking carelessly in the mall that day?
Did you proceed without looking out for hazards?
Did you overlook the possibility of a wet floor?
Were you not aware of the danger of wet surfaces?
Did you fail to notice the water on the floor?
Did you disregard any previous warnings about wet floors?
Were you not mindful of your surroundings in the mall?
Did you fail to adjust your walking pace near the water?
Were you not cautious of potential slipping hazards?
Did you proceed without taking proper precautions?
Were you not attentive to the floor conditions in the mall?
Did you overlook the presence of the wet floor?
Were you not careful while navigating the mall’s floors?
Did you neglect to avoid the area with water?
Were you not cautious of wet surfaces in public spaces?

Questions About What the Plaintiff Could Have Done to Avoid the Slip and Fall

The defense attorney will likely ask questions about what you, the injured plaintiff, could have done to avoid the condition that caused the slip and fall:

Did you notice the wet floor before stepping on it?
Were you looking where you were going while walking?
Did you see any warning signs about the wet floor?
Were you walking at a safe, controlled pace?
Did you avoid the area with the water puddle?
Were you paying attention to your surroundings while walking?
Did you anticipate potential hazards while navigating the mall?
Were you aware of the need to watch your step?
Did you consider slowing down near potentially slippery areas?
Were you cautious about slippery surfaces in public places?
Did you make an effort to walk around the water?
Were you alert to the possibility of a wet floor?
Did you actively scan the floor for hazards?
Were you mindful of potential accidents while walking?
Did you take steps to avoid slipping on the wet surface?
Were you aware of the importance of walking carefully?
Did you use caution when walking near the water?
Were you cautious about walking on unfamiliar surfaces?
Did you consciously try to avoid areas with water?
Were you vigilant about potential dangers in the mall?
Did you make a conscious effort to walk safely?
Were you attentive to any signs of a slippery surface?
Did you actively try to prevent a slip and fall?
Were you mindful of your own safety while walking?
Did you watch for any hazards in your path?
Were you careful to avoid any wet patches?
Did you take precautionary measures while walking?
Were you alert to any changes in the floor texture?
Did you exercise caution in potentially risky areas?
Were you proactive in avoiding hazardous conditions?

How Do You Prepare Yourself for These Questions

First and foremost, your own attorney should help prepare you for these questions. In addition, your lawyer should help you to understand to only answer the question that is asked and to not volunteer information. Above all, you should tell the truth but with proper preparation you should not help the defense attorney destroy your case. As you may have heard over the years and as originally stated by Benjamin Franklin, “By failing to prepare, you are preparing to fail”. Don’t let that be you!

At Wolfson & Leon, we have prepared thousands of clients for their depositions in slip and fall cases as well as car accident lawsuits. The firm has helped people since 1963 and they can help you too.

If you have questions about your personal injury accident, just give a call at Call (305) WOLFSON (305-965-3766) today if you have any questions about any accident in Florida. All consultations are free, and you are not responsible for any fees unless there is a recovery. We have offices throughout Florida including Hialeah, Fort Myers, Miami, Cape Coral and Fort Lauderdale and we are standing by to answer your call.