Interrogatories in Premises Liability Lawsuits

During the discovery phase of a premises liability lawsuit, interrogatories can be used as a means for nailing down the facts of the case. Interrogatories are questions about the issues of a lawsuit that the other party is required to answer or about which he must state that he has no information or knowledge. Either party may submit interrogatories once as a matter of right in a trial; subsequently, the party must obtain court permission to ask further questions.

The Types of Interrogatories Used

In a premises liability injury case, interrogatories will most likely as basic questions about the property, such as who owns the premises, who manages the premises and whether the property is insured. Additionally, the questions will cover the facts of the accident, including the behavior of all parties involved, whether any warnings were given and whether any hazards on the property were visible.

Why Interrogatories are Used

The purpose of interrogatories is for each party to obtain as much information as possible directly from the opposing party. While typically the number of interrogatories that can be given is limited, typically to 25, answering these questions can assist the other party in making their case. In contrast to popular thought, the goal of a court is to make the decision about the dispute in a fair manner. Because of this, both parties must submit and are entitled to receive certain information, this includes interrogatories.

How NOT to Answer Interrogatories

Interrogatories carry the potential to be disastrous to a case. The most important thing to remember when answering an interrogatory is to answer only the question you are answered in as few words as possible. If you do not know an answer or are uncertain, state such and move on, do not try to guess.

How to ASK Interrogatories

If you are not represented by an attorney you will be afforded the same chance to ask interrogatories. To create a list, write down every question you can think of that could possibly relate to the facts of the case, such as how the accident happened, where the other party was at the time of the accident and whether the other party was aware of the hazard. Give yourself plenty of time to think of questions. Then, comb through your questions to see which you can consolidate and which are irrelevant. Then, type it up and send it to the other party.

Getting Legal Help

Because interrogatories can be so helpful or harmful to a case, it is important that you speak with an attorney prior to submitting or answering questions. An attorney will be able to counsel you on your case and, if hired, will create a list of interrogatories.

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