Many cases are ultimately won or lost because of early preparation or lack thereof. Spoliation can be a key to winning a liability case where there appears to be no apparent strong theory. This is especially true in premises liability cases, where relevant evidence is lost or destroyed.
In premises liability cases, plaintiffs attorneys find ourselves with the challenge of proving actual or constructive notice. Seeking a spoliation charge can eliminate the need to prove notice, as the jury can be instructed that the evidence that was lost or destroyed would have been unfavorable to the party that failed to preserve the evidence. For defendants, having a client who fails to preserve such evidence can lead to an otherwise strong case being lost because of spoliation.
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