Interrogatories and demands for production to slip and fall defendant

After a slip and fall lawsuit is filed, the parties to the lawsuit – the “plaintiff” who filed the lawsuit and the “defendant” who is being sued – engage in a process called “discovery.” Discovery is a formal, legal process during which each both parties try to learn what the other party knows, or claims to know, about the slip and fall incident that is the subject of the lawsuit. As part of the discovery process, the parties send written questions (“interrogatories”) to each other and request the production of relevant documents. The interrogatories must be answered, in writing, within 30 days; the requested documents must be produced within 30 days.

Below is a sample set of interrogatories and requests for production of documents that an injured party (the “plaintiff”) might send to the defendant in a slip and fall injury lawsuit. Your personal injury lawyer would tailor this written discovery to fit the specific facts of your slip and fall case.

PLAINTIFF’S INTERROGATORIES AND DEMANDS FOR PRODUCTION, TO DEFENDANT

In these interrogatories and demands for production of documents, words in boldface have specific meanings, as follows:

“Premises” means the Premises defined in the Complaint in this lawsuit as the place of the Slip and Fall Accident and is the place about which this lawsuit is concerned.

“Slip and Fall Accident” or “Slip and Fall Occurrence” means the incident which is the subject of this slip and fall lawsuit, from which incident plaintiff claims injuries.

“Accident condition or defect” means the conditions or defects which plaintiff includes in the complaint in this case as being causes of the Slip and Fall Accident. For example, it includes [e.g., the ice on the front entrance way to the store].

Both the word “document” and also the term “electronically stored information” include writings, drawings, graphs, charts, photographs, visual recordings, sound recordings, images, and other data or data compilations. Therefore we do not ordinarily use the word “photograph” because a photo is included in the word “document” if it is in paper format, and in the term “electronically stored information if it is in electronic format.

“Identify” or “List” items which are not persons means you should make the identification as specified in the interrogatory. “Identify” items or “List” items in an interrogatory which asks you to respond with a List, does not seek a multi-part answer or an answer segregated as to each subpart, and is not an interrogatory with discrete subparts. Rather the interrogatory seeking a List seeks only one complete answer containing a full identity of the items in the category inquired about, with the information needed to Identify and ask deposition or other discovery questions about it, (e.g., by subpoena duces tecum to a deposition if appropriate).

“Identify” a person or state the “Identity” of a person, means you should Identify the person by stating his/her name, and if the person is now employed by Short Form, his/her job title. If the person or firm is not now an employee of Short Form, then state the Identity by the name of the person or firm, the last known address, e-mail address and telephone number of the person or firm, and if employed by Short Form at the time of the occurrence, the job title at the time.

INTERROGATORIES

1. Identify the persons or entities principally responsible for the design and construction of the portion of the Premises where the Slip and Fall Accident occurred.

2. Identify the persons or entities principally responsible for the inspection, maintenance, and cleaning of the portion of the Premises where the Slip and Fall Accident occurred.

3. List any remodeling or repair work done on the portion of the Premises where the Slip and Fall Accident occurred — but only that done in the period beginning three years before the date of these interrogatories and ending when your answers to these interrogatories are signed. List:

  • dates,
  • type of remodeling or repair work, and
  • Identify the persons responsible for doing the remodeling or repair work.

4. Identify the persons or entities principally responsible for the safety of persons on the portion of the Premises where the Slip and Fall Accident occurred.

5. If you have a safety or security department or personnel for your business, then Identify both who is in charge of the department or personnel, and also all safety or security personnel who worked at the Premises in the period of one year before the Slip and Fall Accident to the present.

6. Identify all persons on the Premises at the time of the Slip and Fall Occurrence.

7. Identify the occupants or managers of nearby property.

8. List all the owners, managers, and operators of the Premises at the time of the Slip and Fall Occurrence. List:

  • the person or entity,
  • the nature of his/her/its ownership status, manager function, or operation function;
  • the dates known to you for the commencement or ending of the ownership, managership or operation function, and
  • whether Defendant had a contract with the person or entity for the status, responsibility, or function.

9. What does Defendant contend was the cause of the Accident?

10. If Defendant contends that the plaintiff was not a business invitee at the time of the Accident, List each fact, document, or thing on which the contention is based.

11. List everything Defendant did to warn plaintiff (before the Slip and Fall Accident) of the Accident condition or defect.

12. What does Defendant contend plaintiff knew, or should have known (before the Slip and Fall Accident), about the Accident condition or defect.

13. Does Defendant contend that [name of injured plaintiff] consumed alcoholic beverages or drugs which impaired [name of injured plaintiff] at the time of the Slip and Fall Accident? If your response is anything other than an unqualified “no,” then List each fact, document, or thing on which the contention is based.

14. Does Defendant contend that anything plaintiff did was negligent (i.e., careless) and that plaintiff’s negligence contributed to cause the injuries and damages of the plaintiff? If your answer is in the affirmative, then specify with particularity each act or omission which you claim constitutes negligence on the part of the plaintiff.

15. Does Defendant contend that anything a co-defendant did was negligent and that its negligence contributed to cause the injuries and damages of the plaintiff? If your answer is in the affirmative, then specify the name of the co-defendant with particularity each act or omission which you claim constitutes negligence on the part of co- defendant.

16. Does Defendant contend that anything a person or entity who is not yet a party to this litigation was negligent and that its negligence contributed to cause the injuries and damages of the plaintiff? If your answer is in the affirmative, then Identify the non-party and state with particularity each act or omission which you claim constitutes negligence on the part of the non-party.

17. List any injury or claimed injury which occurred on Defendant’s Premises at or near the location of the Slip and Fall Accident (whether or not the other injury or claim of injury was before or after the Accident). List:

  • date of the injury or claimed injury,
  • nature of the injury or claimed injury,
  • persons injured or making the claim of injury,
  • whether a lawsuit was brought in connection with the claimed injury,
  • the title of the case and the court in which the case was filed, and
  • Identify who has a record of the injury or claimed injury.

18. List all tangible things, documents, or electronically stored information (whether made either before, at, or after the Slip and Fall Occurrence) which show, measure, or record, (1) the area of the Slip and Fall Occurrence; (2) persons involved in the Slip and Fall Occurrence; (3) objects involved in the Slip and Fall Occurrence; and (4) the events and happenings of the Slip and Fall Occurrence. List:

  • nature of the item,
  • date of creation or collection of the item,
  • the identity of who was involved in creation or collection of the item,
  • who has the item,
  • where the item is stored, and
  • in what format it is stored.

[Note: You do not need to include items disclosed by plaintiff to be in the possession or control of plaintiff. However, otherwise this interrogatory includes both items in your possession or control, and also items of which you have knowledge that are in the possession or control of any other person or entity.]

19. List any government or industry standards, statutes, or regulations which you contend support the condition or use of the Premises at the place and at the time Plaintiff was injured.

20. Identify all oral or written statements made by Plaintiff (other than those made in depositions or medical records) in regard to the Slip and Fall Occurrence. Pursuant to the rules of civil procedure, demand is made for a copy of any such written or transcribed statement. Producing the statement to plaintiff’s attorney is sufficient identification of the statement. As to statements not in written or transcribed form, Identify the statement by stating the full and exact contents of all such oral statements.

21. Do you have procedures which are intended to prevent Slip and Fall Accidents such as Plaintiff suffered? If your answer is in the affirmative, then Identify all written procedures sufficiently so they may be subpoenaed, and describe all procedures that are not written.

22. If you have a safety or security department or personnel for your business, then Identify both who is in charge of the department or personnel, and also all safety or security personnel who worked at the Premises in the period of one year before the Slip and Fall Accident to the present.

23. List any investigation, test, experiment, or recreation/reconstruction (herein “investigation”) of the Slip and Fall Accident and its events. List:

  • who conducted the investigation,
  • when the investigation was conducted,
  • generally the nature of investigation,
  • the identity of who was involved in the investigation,
  • who has the original record or report of investigation,
  • where the original is stored, and in what format it is stored, and
  • who has copies of the record or report.

24. If there was a pre-litigation investigation by Defendant, then List each fact of which Defendant was aware at the time of the investigation that caused it to believe that it was conducting the investigation in anticipation of litigation.

25. If Defendant, its agents or employees, ever inspected the portion of the Premises where the Slip and Fall Accident occurred, then List the inspections done in the last three years before the Slip and Fall Accident and the inspections done on the date of the accident to the present date. List:

  • who conducted the inspection,
  • when the inspection was conducted,
  • generally the nature of inspection,
  • the identity of who was involved in the inspection,
  • who has the original record or report of inspection,
  • where the original is stored, and in what format it is stored, and
  • who has copies of the record or report.

26. Since the date that the Plaintiff was injured have the Premises at the point which Plaintiff was injured been changed (including maintenance, repair, or modification in any way)? If your answer is in the affirmative — then List:

  • dates of the change,
  • generally what was done, and
  • Identify the persons responsible for ordering the work done, and
  • Identify the persons responsible for doing the work that changed the premises.

REQUESTS FOR PRODUCTION

Request for Production #1. Produce any deposition transcripts in the possession or control of you or your attorneys which are depositions taken in lawsuits listed in your answer to Interrogatory 17 above. If an item is stored in an electronic format, produce an electronic copy of the item in the format in which it is electronically stored.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #2. Produce any items listed in your answer to Interrogatory 18 above.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #3. Produce all oral or written statements made by Plaintiff (other than those made in depositions or medical records) in regard to the Slip and Fall Occurrence.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #4. Produce any items listed in your answer to Interrogatory 21 above.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #5. Produce any notes, records, documents (including photos and data recordings) electronically stored materials, or tangible items produced by the investigations, tests, experiments, or recreation/reconstruction of the Slip and Fall Accident listed in your answer to Interrogatory 24 above.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #6. Produce and allow us to inspect and copy any notes, records, documents (including photos and data recordings), electronically stored materials, or tangible items produced by the inspections listed in your answer to Interrogatory 26 above.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #7. Produce all logs or daily reports or other reports produced in the ordinary course of business which show the cleaning or maintenance of the store floors for the 30 days before, and the 30 days after the accident.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #8. Produce specimens of the forms, checklists and directions used (a) at the time of the incident and (b) now — for inspections of the floors used by customers at your store.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #9. Produce all employee instructions (including but not limited to safety manuals of your company which contain instructions regarding safety of customers) to provide for the safety of customers using the floors at the store.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #10. Produce all written instructions, procedures, manuals, specifications, or handbooks for cleaning and maintaining floors at the store involved in the complaint in this litigation. This request for production includes, but not as a limitation, your company’s instructions, the instructions used by any contracted maintenance personnel, and all labels on the products and machines used in cleaning and maintaining the floors.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #11. Produce all the specifications for the materials used for floor surfaces for the floors used by customers at your store from all the customer entrances of the store to the site of the Slip and Fall Accident. E.g., if carpeted, the carpet specifications; if tile, the tile specifications.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #12. Produce all specifications used (a) at the time of the incident and (b) now — for the waxes and cleaners used on the floor surfaces used by customers at your store. This includes, but not as a limitation, your company’s specifications for the product used, the manufacturer’s specifications, and all labels on the products.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #13. Produce and allow us to inspect, test, copy labels and containers, and sample any wax, cleaners, or polishes used on the floor of the premises in the six months before the Slip and Fall Occurrence, together with the containers in which they are received by Defendant, and together with the warnings and instructions accompanying the products.

RESPONSE: Yes ____ No ____

Attached __________

Request for Production #14. Produce any table of organization of Defendant and any directory which shows any or all of the job titles or the names of persons in the line of authority regarding maintenance of floors from Defendant’s president, or Chief Executive Officer, down through the organization to the person actually doing the physical work of maintaining floor surfaces for the safety of customers. “Any directory” includes, but not as a limitation, any directory used by your receptionists. If you do not have a complete table of organization or company directory, produce the partial ones you do have.

RESPONSE: Yes ____ No ____

Attached __________

Areas Served: My Macon personal injury law firm handles accident and injury matters in central Georgia, including the following counties and communities. Counties: Bibb, Crawford, DeKalb, Fulton, Houston, Jones, Monroe, Twiggs. Cities and towns: Allentown, Alpharetta, Atlanta, Avondale, Avondale Estates, Bolingbroke, Chamblee, Chattahoochee Hills, Clarkston, College Park, Culloden, Danville, Decatur, Doraville, Dunwoody, East Point, Fairburn, Forsyth, Franklinton, Gray, Haddock, Hapeville, Jeffersonville, Johns Creek, Juliette, Knoxville, Lithonia, Lizella, Macon, Milton, Mountain Park, Musella, Palmetto, Payne, Perry, Pine Lake, Roberta, Roswell, Sandy Springs, Smarr, Sofkee, Stone Mountain, Union City, Walden, Warner Robins.


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