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Expert Witness Podcast
Jerry Birnbach: Behind the Slip - A Retail Safety Expert's Secrets for Winning Cases
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Jerry Birnbach: Behind the Slip - A Retail Safety Expert's Secrets for Winning Cases

In this episode of On the Stand, we sit down with Jerry Birnbach, a renowned retail design and safety expert witness with over 50 years of experience. Having worked with global retail giants like Walmart, Target, and Macy’s, Jerry has applied his expertise in more than 650 litigation cases, including slip-and-fall lawsuits, premises liability disputes, and commercial injury cases. This episode is an invaluable resource for attorneys, expert witnesses, and anyone interested in understanding the legal complexities of personal injury cases involving retail environments. Jerry can be reached at https://expertretailwitnesses.com/ Jerry’s unique perspective as both a former retail designer and a seasoned expert witness provides insights into the challenges and opportunities in cases that hinge on store safety protocols, employee negligence, and hazard prevention. Here’s a deep dive into the key themes and takeaways from our conversation. Key Trends in Retail Safety for Personal Injury Attorneys Jerry highlights critical trends in retail safety that have reshaped litigation strategies in slip-and-fall cases. While corporations have improved their safety protocols through employee handbooks and store audits, execution at the store level remains a challenge. "Corporations often have robust safety policies, but minimum-wage employees may not follow them. This disconnect between policy and practice creates significant liability risks," he explains. Attorneys handling personal injury lawsuits can benefit from understanding these gaps. Jerry’s insights emphasize the importance of evaluating employee adherence to safety protocols and store manager accountability when building or defending a case. The Role of Retail Design in Slip-and-Fall Cases Retail design plays a pivotal role in slip-and-fall litigation, as Jerry explains. Proper store layouts can significantly reduce the risk of accidents, but neglecting key safety considerations can leave retailers vulnerable to lawsuits. Jerry shares examples of design features that can become hazards, including: Aisle obstructions caused by misplaced merchandise Poorly maintained flooring or inadequate lighting Lack of visible signage warning customers of wet or uneven surfaces In these cases, expert witnesses like Jerry assess whether the retailer adhered to industry safety standards and if the incident could have been prevented with better design or maintenance practices. "It’s not just about the structure of the store but also the economics and operations. A poorly planned layout can lead to accidents that affect both customer safety and business performance," Jerry explains. Employee Training and Accountability in Personal Injury Lawsuits Jerry underscores the critical role of employee training in premises liability cases. While corporations often invest in comprehensive training programs, the real challenge lies in ensuring that store-level employees follow these protocols. "The store manager’s leadership is key. Safety has to be more than a checklist—it needs to be a culture," Jerry says. For personal injury attorneys, understanding this dynamic can be a game-changer in cases involving employee negligence. Jerry advises lawyers to scrutinize not only the retailer’s policies but also the execution of those policies at the store level. Jerry’s Advice for Attorneys and Expert Witnesses For attorneys handling slip-and-fall lawsuits, Jerry stresses the importance of partnering with expert witnesses early in the process. "Bringing in an expert at the initial stages allows you to assess the strength of the case and avoid surprises later. Expert evaluations can often determine if a case is worth pursuing," he explains. "In cases involving fatalities, every detail matters. From the placement of warning signs to employee actions, it’s about understanding how the incident occurred and whether it could have been prevented," Jerry explains.

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