As a Retail Expert Witness, I’ve worked with many attorneys who represent clients injured in shopping centers, strip malls, and big box retail stores. One of the most common—and most overlooked—causes of injury in these environments is negligent maintenance. That includes everything from wet floors and broken tile to poor lighting and damaged handrails. When stores and property managers cut corners on upkeep, the result is often a slip and fall or trip and fall case.
The good news? If you’re an attorney handling a case like this, strong evidence of poor or delayed maintenance can help prove liability. But you need to know what to ask for, and where to look.
1. Start With the Maintenance and Inspection Logs
Every commercial property should have a system in place to regularly inspect, clean, and maintain floors, lighting, entrances, restrooms, and parking lots. I always recommend that attorneys subpoena maintenance logs early. If the store cannot produce them, or if they show long gaps between inspections, that’s often a red flag that negligence is at play.
2. Surveillance Video Can Tell the Story
Video footage can be incredibly valuable—especially if the hazard existed for a long time before the incident. I’ve reviewed dozens of cases where a spill or loose mat sat untouched for hours. That speaks volumes in court. Request footage as quickly as possible, since many systems overwrite data after a short period.
3. Pay Attention to the Condition of the Property
Photos taken immediately after the incident are key. But even site visits days later can reveal poor maintenance practices. Is the flooring cracked? Are entry mats curled or torn? Does the lighting still fail to meet safe visibility standards? I often conduct on-site evaluations to assess these hazards firsthand and compare them with industry safety standards.
4. Employee Testimony Can Strengthen the Case
Staff often know when maintenance has been neglected. Ask whether hazards had been reported before. If the store ignored repeated warnings, that shows a pattern of negligence. I help attorneys understand which questions to ask and how to interpret the responses from a retail operations perspective.
Proving negligent maintenance is about connecting the dots between what should have been done and what actually occurred. As a Retail Expert Witness, I support attorneys by analyzing store policies, maintenance routines, and how industry best practices were ignored. If you have a slip and fall case in a shopping center or big box store, I can help you build a solid case.
Contact Jerry Birnbach to discuss your case. 1-917-691-4853 | jerrybirnbach@gmail.com
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