What happens during a deposition in a premises liability case
A deposition is a formal question-and-answer session where you sit down with the other side's lawyer and answer questions under oath about your injury, the property where it happened, and what you saw or experienced. It is not a trial — there is no judge or jury — but your answers are recorded and can be used later in court. The property owner's insurance company uses depositions to understand your version of events, test how you will come across to a jury, and look for inconsistencies in your story.
You will sit at a table with the defendant's lawyer (the one representing the property owner or manager), a court reporter who records everything, and usually your own lawyer. The defendant may or may not be present. The session typically lasts two to four hours, though complex cases can run longer. You swear or affirm to tell the truth just as you would in court, and every word is transcribed into a written record.
The defendant's lawyer will ask you about how the injury happened, what condition of the property caused it, what you were doing at the time, any warnings you saw, your medical treatment, and your damages — lost wages, medical bills, pain and suffering. They are looking for reasons to argue the property owner was not negligent, that you were partly at fault, or that your injuries are not as serious as you claim.
Key Takeaways
- A deposition is a recorded question-and-answer session with the defendant's lawyer where you answer under oath, and your words can be used in court later.
- The defendant's lawyer will ask detailed questions about how you were injured, what you were doing, what warnings existed, and the extent of your damages.
- Your own lawyer will be present to object to improper questions and can meet with you beforehand to prepare you for the types of questions you will face.
- Staying calm, answering only what is asked, and correcting yourself when ready if you misspeak are the most important things you can do during a deposition.
- The transcript of your deposition becomes part of the case record and can be read aloud to a jury if the case goes to trial.
How to prepare for deposition questions
Your lawyer should meet with you at least once, and ideally more than once, before the deposition. In that meeting, your lawyer will walk you through the facts of your case, explain what the defendant's lawyer is trying to prove, and give you practice answering tough questions. This is the time to be honest about anything that might hurt your case — a prior injury to the same body part, a moment when you were not paying attention, a delay in seeking medical care. Your lawyer needs to know these things before the other side's lawyer surprises you with them.
Review the timeline of what happened: the date and time of your injury, what you were wearing, who was nearby, what you did when ready after, when you first sought medical care, and what you told medical providers. Write down the names and contact information of anyone who saw what happened. Look at any photographs or videos of the property taken before or after your injury. If you kept a journal or diary about your recovery, review it. The more specific and consistent your memory is, the more credible you will be.
Prepare yourself emotionally. Depositions can be stressful because the defendant's lawyer is not trying to be sympathetic — they are trying to find weaknesses in your case. Expect questions that feel accusatory or that suggest you were careless. Your lawyer will object if a question is improper, but you still have to answer most of what is asked. Knowing this in advance helps you stay composed.
Common deposition questions in premises liability cases
The defendant's lawyer will almost always ask you to describe the accident in detail: exactly where you were, what you were doing, what you were wearing, whether you were distracted, whether you were looking where you were going, and what you felt or heard when you were injured. They want to know whether you contributed to the accident through your own carelessness.
You will be asked about any warnings or signs on the property. Did you see a "Wet Floor" sign? Was there a railing? Were there lights? If you did not see a warning, they will ask why — were you not looking, or was there genuinely no warning? This line of questioning is designed to show that the property owner took reasonable steps to protect visitors.
They will ask about your medical history: any prior injuries to the same body part, any chronic pain or conditions, any surgeries, any mental health treatment. They will ask what doctors you saw, what tests were done, what medications you take, and whether you have fully recovered. They may ask whether you have had similar injuries in the past or whether anyone in your family has the same condition. The goal is to suggest that your current injury is not as serious as you claim or that it stems from a pre-existing problem.
You will be asked about your damages: how much time you missed from work, whether you lost income, what medical bills you incurred, what treatment you are still undergoing, and how the injury has affected your daily life. They will ask whether you have returned to work, whether you can do the same activities you did before, and whether you expect to need future treatment. They may ask you to quantify your pain on a scale, describe specific activities you cannot do, or explain how your relationships have changed.
How to answer deposition questions effectively
Listen carefully to each question before you answer. If you do not understand what is being asked, say so — do not guess. If the question is vague or has multiple parts, ask the lawyer to rephrase it or break it into separate questions. Pausing for a moment before you answer gives you time to think and also gives your lawyer a chance to object if the question is improper.
Answer only what is asked. If the lawyer asks "Did you see a warning sign?" answer "Yes" or "No" — do not launch into a longer explanation unless they ask for one. Volunteering extra information gives the other side more ammunition and can make you sound defensive. If they want details, they will ask follow-up questions.
Be honest and straightforward. If you do not remember something, say "I do not remember" rather than guessing. If you made a mistake in an earlier answer, correct it when ready: "Actually, I need to clarify what I said a moment ago." Do not try to hide things or shade the truth. Juries and judges notice when someone is being evasive, and it damages your credibility far more than admitting you do not recall a detail.
Stay calm and professional. The defendant's lawyer may ask questions in a way that feels hostile or accusatory. Do not get angry or defensive. Speak in a normal tone, make eye contact with the lawyer, and take your time. If you need a break, ask for one. Your lawyer can also request breaks if they think you need time to compose yourself.
What your lawyer can and cannot do during a deposition
Your lawyer sits beside you during the deposition and can object to questions that violate the rules of evidence — for example, questions that ask you to speculate about what someone else was thinking, questions that call for legal conclusions, or questions that ask about communications between you and your lawyer that are protected by attorney-client privilege. When your lawyer objects, you typically do not have to answer that particular question, though the rules vary by state.
Your lawyer cannot tell you what to say or coach you on your answers during the deposition itself. They can object, they can ask for clarification if a question is confusing, and they can request breaks. But once you are sworn in, the answers have to come from you. This is why the preparation meeting beforehand is so important — that is when your lawyer helps you get ready.
After the deposition, the court reporter will prepare a transcript. Your lawyer will review it and may ask you to review it as well to catch any errors in transcription. If there are mistakes — words the reporter got wrong — you can note them, though the original transcript still stands as the official record.
How the deposition is used later in the case
The transcript becomes part of the case file and can be used in several ways. If the case settles before trial, both sides will have read your deposition and used it to evaluate what a jury might think of you and your case. If the case goes to trial, the defendant's lawyer can read portions of your deposition aloud to the jury, or they can use it to cross-examine you if you testify. If you say something different at trial than you said at your deposition, the other side will point out the inconsistency to undermine your credibility.
Your deposition also locks in your story. If you later remember new details or change your account of what happened, the other side can use your earlier deposition to challenge you. This is another reason to be careful and honest during the deposition — to say only what you actually remember, not what you think you should remember.
In some cases, if you become unable to testify at trial (due to illness or other reasons), your deposition testimony can be read to the jury in your place. This makes the deposition even more important — it may be the only chance you get to tell your side of the story directly.
What to bring and what to expect on the day
Bring any documents your lawyer has asked you to bring: medical records, pay stubs showing lost wages, photographs of the property or your injuries, receipts for medical expenses, or any written communication with the property owner or their insurance company. Bring a list of the names and dates of all medical providers you have seen. Bring your calendar or work records if you need them to remember dates.
Dress professionally and neatly — the same way you would dress for court. Arrive early so you and your lawyer can review any last-minute details. The deposition will take place in a lawyer's office, a court reporter's office, or sometimes a conference room. Bring water and ask for breaks if you need them. The process can be tiring, both physically and emotionally.
After the deposition ends, do not discuss your testimony with anyone except your lawyer. Do not post about it on social media. Do not contact the defendant or their insurance company. Let your lawyer handle all communication going forward.
Frequently Asked Questions
Can I bring my lawyer's notes or documents to the deposition to help me remember?
You can bring documents that actually exist — medical records, photographs, your own journal — but not notes your lawyer prepared for you or summaries they created. The defendant's lawyer can ask to see anything you bring into the room. Stick to refreshing your memory with real documents, not lawyer-prepared materials.
What if I freeze up or have a panic attack during the deposition?
Tell your lawyer when ready. You can ask for a break. Your lawyer can request that the deposition be paused, and you can step out of the room to compose yourself. There is no penalty for needing time. If you have a documented anxiety or trauma history that affects your ability to testify, tell your lawyer before the deposition so they can plan accordingly.
Can the defendant's lawyer ask me about my social media or my personal life?
Yes, within limits. They can ask about posts or photos that relate to your injury or your damages — for example, if you posted photos of yourself hiking when you claimed you cannot walk. They cannot ask about your political views, your religion, or other personal matters unrelated to the case. Your lawyer can object to questions that are too invasive or irrelevant.
What happens if I give an answer I later realize was wrong?
Tell your lawyer as soon as the deposition ends or as soon as you realize the mistake. Your lawyer may be able to file a correction with the court or address it in later filings. Do not try to contact the defendant's lawyer directly. The sooner your lawyer knows, the better they can manage the issue.
Will the deposition be recorded as video or just audio?
Most depositions are recorded by a court reporter who creates a written transcript. Some are also video recorded. Your lawyer will know which format is being used and should tell you in advance. Video recordings capture your demeanor and tone, so the same rules explore — stay calm and professional.