How Can Evidence be Preserved in a Premises Liability Case? Personal Injury Lawyer Explains #shorts

DISCLAIMER: Not legal advice. For informational purposes only.

HOW CAN EVIDENCE BE PRESERVED IN A PREMISES LIABILITY CASE?

In any premises liability case, preservation of evidence early on is critical to the case. The duty to preserve evidence is a requirement imposed by law. “Spoliation” is the term used when evidence is destroyed or lost, in light of pending or foreseeable litigation. For example, it is a business owner’s duty to preserve relevant maintenance records, surveillance, or personnel communications in a premises liability case. Relevant evidence missing due to the opposing party’s bad faith can result in discovery or monetary sanctions or the jury’s adverse inference may be instructed by the Court.

Regardless, the plaintiff bears the burden to prove its own case. Evidence is lost, destroyed, misplaced, or may even be tampered with. It is best that the plaintiff documents and preserve as much evidence as possible within their own control. The plaintiff cannot rely on any opposing party to preserve persuasive evidence that weighs on them incurring legal responsibility.
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