One of the biggest challenges attorneys face in retail injury cases is missing documentation. By the time I’m brought in as an expert, the hazard is often gone—and the paper trail is thin or nonexistent.
Missing documentation can include:
- No photos of the hazard
- Incomplete or missing incident reports
- No inspection or cleaning logs
- No employee statements
- No timeline of when the hazard appeared
Retail environments are dynamic. Floors are cleaned, displays move, lighting changes. Without documentation, it becomes harder to reconstruct what existed at the time of the injury.
My role as an expert is to bridge those gaps by analyzing store policies, comparing them to industry standards, and determining whether reasonable care was exercised. That work is grounded in my professional background and experience outlined here:
https://expertretailwitnesses.com/jerry-birnbach-expert-witness-cv/
Early expert involvement often helps attorneys identify what evidence still exists—and what should have existed.

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