Interrogatories for production from defendant to plaintiff in a slip and fall lawsuit

Interrogatories and demands for production from defendant to plaintiff in a slip and fall lawsuit

When you file a personal injury lawsuit, the person or business you sued (the “defendant” in the lawsuit) will use a legal process called “discovery” to attempt to learn as much as possible about you, your injury claim, and the facts surrounding the slip and fall.

One of the simplest and least expensive ways for the defense attorney to begin the discovery process is by drafting interrogatories (written questions) for you (the “plaintiff” in the litigation) to answer in writing. The answers to these interrogatories pin you to a particular theory or version of how the slip and fall accident happened. Your credibility will be undermined if you later give testimony inconistent with your interrogatory answers.

The following are form interrogatories that a defense attorney might use for a typical slip and fall premises liability case.

INTERROGATORIES

1. Identify yourself, giving your full name, age, address, social security number, occupation, business address, and any other names by which you have ever been known. If you are married, also give the name of your spouse.

2. Describe any ailment, injury, ache, pain, or other form of discomfort (mental, physical, or emotional), which you claim to have suffered as a result of the alleged slip and fall accident/incident. In reference to each, specify:
(a) the part or parts of your body affected,
(b) the nature of the injury,
(c) the severity of the injury,
(d) the duration of the injury, and
(e) whether the injury is alleged to be permanent in nature.

3. List the name and address of each physician, hospital, psychiatrist, psychologist, technician, clinic or institution which has treated you for the slip and fall injury. For each one, specify:
(a) the nature and extent of the examination, treatment or care;
(b) the inclusive dates of treatment, care, rehabilitation or confinement; and
(c) the amount of charges incurred by you or by any other person or firm on your account.

4. If you are claiming disability as a result of the slip and fall injury, describe:
(a) whether the disability is total or partial;
(b) the nature of the disability;
(c) what activities, if any, you are precluded from performing;
(d) whether you have ever been judged disabled by any governmental agency;
(e) whether you have ever been determined to be partially or totally disabled by any physician, psychologist, psychiatrist, other health care practitioner, or administrative or regulatory agency;
(f) whether you are claiming any loss of earning capacity as a result of the disability, and, if so, what percentage loss of earning capacity you claim.

5. Give an itemized account of all losses, expenses or other costs (hospital, physician, psychologist, psychiatrist bills, medical appliance costs, home health care expenses, rehabilitative expenses, lost wages, loss of earning capacity claim, lost benefits or pensions, etc.) that you allege you incurred as a result of the slip and fall accident/incident.

6. If you are claiming loss of earning capacity, specify:
(a) the dates or periods of time you were unable to work as a result of the accident;
(b) the total amount of earnings you were making for a three month period before the accident;
(c) the total amount of earnings you were making for a three month period after the accident;
(d) the nature of your employment immediately before the accident, including your job title, duties and tenure;
(e) the name and address of your employer at the time of the accident; and
(f) your average earnings on a weekly, monthly, or annual basis from that employer.

7. Are you collecting any monies from any insurance carrier, workers’ compensation carrier, or other agency as a result of the disability?

8. If your answer to the preceding interrogatory is in the affirmative, list:
(a) the name of the party making payment,
(b) the amount of payment,
(c) the duration of payment, and
(d) any limitations on payment.

9. Are you engaged in any form of gainful employment at the present time? If so, describe the nature of the employment, the exact amount of compensation, the job duties, the hours worked, and the name and address of the employer.

10. During the five year period before, or at any time after, the date of the slip and fall accident, did you sustain any injury, illness, or other form of disability other than that alleged to have occurred as a result of this slip andf all accident? If so, give:
(a) a description of each injury, illness, or disability;
(b) the nature of the injury, illness, or disability;
(c) where, when, and how the injury, illness, or disability was sustained;
(d) the duration of the injury, illness, or disability, listing exact dates if possible;
(e) the name and address of each physician, psychologist, psychiatrist, health care practitioner, technician, hospital or clinic which has treated you for the injury, illness, or disability;
(f) the party whom you claim was responsible for the injury, illness, or disability.

11. In reference to the alleged slip and fall accident, do you contend that you were legally on the premises?

12. If your answer to the preceding interrogatory is in the affirmative, identify with whose permission, or at whose direction, you were present on the premises and further state whether you contend you were:
(a) a business invitee,
(b) a licensee,
(c) a social guest, or
(d) other.

13. Have you ever been on the premises before? If so, describe:
(a) when you had been on the premises,
(b) for what purpose you were on the premises,
(c) at whose invitation or direction you were on the premises,
(d) your status on the premises (business invitee, licensee, social guest, other),
(e) whether at any time while on the premises any warnings were given to you concerning the premises,
(f) by whom the warnings were given,
(g) the duration of your stay on the premises, and
(h) your familiarity with the premises as a result of the prior visit or visits.

14. Do you contend that your injury was in any way caused by any defect, defective condition, foreign substance, foreign material, or other object on any (stair, stairway step, ramp or stairwell) on the premises?

15. If your answer to the preceding interrogatory is in the affirmative, specify:
(a) all details as to how, or in what manner, the (stair, stairway step, ramp or stairwell) was in a defective condition or was maintained in a defective condition;
(b) all details as to how or in what manner the (stair, stairway step, ramp or stairwell) contained a foreign substance, foreign material, or other object;
(c) the location of each (stair, stairway step, ramp or stairwell) which contained any defect, defective condition, foreign substance, foreign material, or other object;
(d) a complete description of any defect, defective condition, foreign substance, foreign material, or foreign object; and
(e) the part or parts of your body which came into contact with the defect, defective condition, foreign substance, foreign material, or other object.

16. Describe in as much detail as possible, in chronological sequence, everything that happened to you:
(a) from the time you arrived at the premises up to and including the time of the alleged slip and fall occurrence; and
(b) from the time of the alleged slip and fall occurrence until you were treated for your injuries.

17. Were you carrying or holding any objects at the time of the slip and fall accident/incident? If so, describe in as much detail as possible the kind of object it was, its weight, texture, dimensions and color, and how you were holding it.

18. Did you make use of any railing or handrail either as you were approaching or were on the (stair, step, stairway, ramp or stairwell)? If so, explain exactly how you used the railing or handrail.

19. Do you allege that there were any defects or problems with the handrail or railing? If so, give as much detail as possible about the alleged defect or defective condition of the railing or handrail.

20. Describe in as much detail as possible the kind of shoes you were wearing at the time of the alleged accident/incident. Be precise as to the type, size, style (slip-on or tie), type of heel, and type of sole.

21. Did you have any knowledge of the existence of the defect, defective condition, foreign substance, foreign material, or other object before the alleged slip and fall accident/incident? If so, describe how you acquired the knowledge, how long a period of time you had the knowledge, and what, if anything, you did as a result of that knowledge.

22. Do you contend that the defendant, or his agents or employees, were in control of the premises?

23. Do you contend that the defendant, or his agents or employees, knew or should have known of the alleged defect, defective condition, foreign substance, foreign material, or other object before the alleged accident? If so, in as much detail as possible, specify every fact upon which you base that contention.

24. Were there any obstructions to your view as you approached the scene of the slip and fall accident/incident?

25. Were there any obstructions to your view as you descended the (stair, step, stairway, stairwell or ramp)?

26. Were you in any way distracted as you approached the scene of the alleged slip and fall accident/incident?

27. Were you in any way distracted while you were on the (stair, step, stairway, ramp or stairwell)?

28. Describe in as much detail as possible the lighting conditions at the time and place of the accident/incident. Include in your answer the amount of light, the nature of the light, the source of the light, any change in lighting, and the reason for such change.

29. Do you contend that the lighting was inadequate in any way? If so, explain in detail.

30. Did you see anyone on the premises at the time of the slip and fall alleged accident/incident. If so, list:
(a) the name and address of the person;
(b) any relationship to you;
(c) any relationship to the defendant; and
(d) what, if any, contact that person had with you.

31. Describe in as much detail as possible and in chronological order, the nature and substance of all conversations, communications, or statements you made to any person on the premises on the date of the alleged slip and fall accident/incident.

32. Describe in as much detail as possible the substance and nature of any and all conversations, communications or statements made by you to the defendant or to any of its agents or employees on the date of the slip and fall accident/incident.

33. List each and every fact upon which you base your contention that the defendant was negligent in his care and control of the premises.

34. List each and every fact upon which you base your contention that the defendant owed you a special duty of care while you were on the premises.

35. State whether you have been convicted of any crime, whether felony or misdemeanor, within the past five years. If the answer is in the affirmative, specify:
(a) the nature of the crime charged,
(b) the sentence or disposition received, and
(c) the sentencing court.

Defendant
By His Attorneys,

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