The Premises Liability Deposition

When accidents happen because of the failure of a landowner to provide safe environment to people on his property, it is called premises liability. Negligence can be due to careless maintenance or due to unsafe objects present on the property. Even though all landowners, both business establishments and homeowners, are expected by the law to provide safe and sound surroundings to those using their land, yet, many forget to take the steps to ensure the safety of the people. The result is a small dangerous foreign object may be overlooked, or maintenance neglected, which can cause serious injuries to someone.

Can You Claim for Premises Liability?

The answer is yes, of course! When an accident occurs to you because of a hazardous material, or due to careless maintenance on a third person’s property, you can claim for the damages you suffered. The compensation may cover your hospital bills, for pain and suffering, and any lost wages due to the accident. When you claim for premises liability, take care to record all information pertaining to the cause of your fall. For example, if the accident was due to an object, find out how long the object was there, and how visible was it to you, or if the owner was aware of the presence of the object on his property etc.  

A good know how of premises liability will help you understand premises liability deposition better.

What is Premises Liability Deposition?

A deposition is a practice wherein the defendant’s lawyer puts forth before you a series of questions related to the accident. Your answers are recorded, so that it can be verified later in the court during cross-examination. The reason behind a deposition is to test your credibility and to find any inconsistencies so as to make the defendant’s case stronger.

How to Approach a Deposition

The best way to deal a disposition is to tell the defending attorney the truth. If you cannot recollect something vividly, it’s better to say so than to give false information, as it can be used against you later in the court. When the opposition lawyer asks you a question, answer right to the point. When you start anticipating the lawyer’s next question and explain before something is asked, you give unnecessary information. Remember, the other lawyer comes prepared, knowing fully your background, including your medical history. So if you are asked to explain in detail your medical history, you can always tell him that you can remember only so much.

It is good to do a mock deposition with your own lawyer before the actual deposition. In most cases, time, distance and pain may mean different to a victim as opposed to an ordinary person. Going over this with your lawyer may save you from pitfalls later.