Top Questions to Expect During Your Slip-and-Fall Deposition

If you’re pursuing compensation after a slip-and-fall accident, one of the most important steps in your case may be a deposition. Although answering questions under oath can feel intimidating, understanding what to expect can make the process much less stressful.

During a deposition, both sides gather information, evaluate the evidence, and develop a clearer understanding of the facts before trial. With guidance from experienced Des Moines premises liability lawyers, you can approach the process with confidence.

What Is a Deposition?

A deposition is sworn testimony given outside of court during the discovery phase of a personal injury lawsuit. You’ll answer questions from the opposing attorney while a court reporter creates a written transcript of everything that is said.

Because your testimony is given under oath, it carries the same legal obligation to tell the truth as testimony in a courtroom.

Your attorney will be present throughout the deposition to protect your interests, object to improper questions when appropriate, and guide you through the process. While your lawyer cannot answer questions for you, they’ll help you prepare beforehand and protect your rights during the deposition.

The primary purposes of a deposition are to:

• Learn your version of how the accident happened
• Evaluate the strength of each party’s claims and defenses
• Create an official record of your sworn testimony before trial
• Assess the extent of your injuries and damages
• Determine whether settlement may be appropriate

Most slip-and-fall depositions follow a predictable format, with questions covering several key topics.

Topic	Purpose
Personal Background	Learn about your personal and employment history
The Accident	Understand how the fall occurred
After the Fall	Review what happened immediately after the accident and what evidence was documented
Injuries	Evaluate the severity of your damages
Medical Treatment	Review your recovery and healthcare records
Prior Injuries or Claims	Determine whether any previous conditions are relevant

 

Questions About Your Background

Depositions typically begin with basic questions about you. These help establish your identity and provide background information before discussing the accident.

You may be asked about:

• Your name and address
• Your education and employment history
• Your current job duties
• Your daily activities
• Prior lawsuits or insurance claims you’ve filed

These questions are generally straightforward and help lay the foundation for the rest of the deposition.

Questions About How the Accident Happened

Next, the defense attorney will ask detailed questions about the events leading up to your slip-and-fall accident, the fall itself, and the conditions that may have contributed to it.

Common questions include:

• Where did the accident occur?
• What date and time did it happen?
• Why were you on the property?
• What were you doing immediately before you fell?
• What caused you to lose your footing?
• Did you notice the hazard before the fall?
• Did anyone witness the accident?

These questions help establish how the accident occurred and whether the property owner may have been negligent.

What Happened After the Fall

After discussing how the accident occurred, the defense attorney may ask about what happened immediately afterward. This line of questioning focuses on whether the incident was reported, how you responded, and what evidence was created or preserved.

You may be asked:

• Who did you report the accident to?
• Was an incident report completed?
• Did anyone help you after you fell?
• Did you speak with employees or witnesses?
• Were photographs or videos taken?
• Did emergency medical personnel respond?
• Did you give a written or recorded statement?
• Did you leave the property immediately afterward?

Your answers can help establish the timeline of events and identify evidence that may support or challenge the claims made by either side.

Questions About Your Footwear, Awareness, and Property Conditions

Slip-and-fall cases often involve questions about whether the injured person could have avoided the accident.

Because Iowa follows a modified comparative fault system, the defense may ask detailed questions to determine whether you shared any responsibility for the accident. Any percentage of fault assigned to you may reduce the compensation you recover, and recovery may be barred if your fault exceeds the defendant’s. 

Expect questions such as:

• What shoes were you wearing?
• Were your shoes in good condition?
• Were you looking where you were walking?
• Were you using your phone or distracted?
• Did you see any warning signs?
• Was the area well lit?
• Was the floor wet, uneven, icy, or cluttered?
• Were there any obstacles in your path?

These questions evaluate whether the property conditions were hazardous and whether your own actions contributed to the fall.

Questions About Your Injuries and Medical Treatment

Much of your deposition will center on your injuries, medical care, and how the accident has affected your recovery.

You may be asked:

• What injuries did you suffer?
• When did you first seek medical treatment?
• Which doctors or specialists have treated you?
• Have you completed physical therapy or rehabilitation?
• Are you still experiencing pain or limitations?
• Has any doctor recommended additional treatment or future surgery?
• Have you reached maximum medical improvement (MMI), or are you still recovering?
• How have your injuries affected your work or daily life?
• Have you missed work because of your injuries?

The defense may also ask about gaps in treatment, missed appointments, or future medical care. If treatment was delayed for a legitimate reason, answer honestly and avoid speculating beyond what your healthcare providers have told you.

Questions About Prior Injuries or Medical Conditions

Don’t be surprised if the opposing attorney asks about previous injuries, chronic pain, or pre-existing medical conditions.

Common questions include:

• Have you injured this part of your body before?
• Have you received treatment for similar symptoms?
• Have you been involved in previous accidents?
• Have you filed other personal injury claims?

These questions help the defense determine whether your current symptoms may have existed before the accident. However, having a pre-existing condition does not automatically prevent you from recovering compensation if the fall worsened that condition.

Why Honesty and Consistency Matter

Your credibility is one of the most important aspects of your deposition. Your deposition testimony should also be consistent with your medical records, accident reports, and any prior statements you have given. Inconsistencies, even if unintentional, may be used to challenge your credibility.

During your deposition, it’s important to:

• Answer every question truthfully.
• Listen carefully before responding.
• Answer only the question that was asked.
• Avoid guessing or speculating.
• If you don’t know or don’t remember, say so.
• Take your time before answering.

Never guess simply because you feel pressured to answer quickly. If you don’t know, don’t remember, or don’t understand a question, it’s perfectly acceptable to say so or ask for clarification. Honest, accurate, and consistent testimony is always better than speculation or exaggeration, both of which can undermine your credibility and your claim.

How MSMC Injury Lawyers Can Help

Preparing for a deposition is much easier with experienced legal guidance. The premises liability attorneys at MSMC Injury Lawyers help clients understand what to expect, review the types of questions they’ll likely face, and prepare for every stage of the deposition process.

From preparing you for your deposition to gathering evidence, negotiating with insurance companies, and representing you in court when necessary, our team protects your rights and pursues the full compensation you deserve.

If you’ve been injured in a slip-and-fall accident in Iowa, contact us for a free, confidential consultation.