Preserving the Evidence
Wednesday, October 30th, 2002 Liability Litigation PropertyOur legal system, as a matter of public policy, has recognized and enforced actions of spoliation or destruction of evidence. Some jurisdictions recognize a spoliation action as a separate tort, while others apply the principles of negligence to arrive at their findings. Jurisdictions that recognize spoliation as an independent tort do so because it creates tremendous costs for victims and the legal system, inhibits fair and proper adjudication of the issues, and interferes with the administration of justice. It is important to have an appreciation of how courts analyze and decide if a defendant is at fault for either intentional or negligent spoliation.
External References & Further Reading
http://www.claimsmag.com/Issues/sept02/fortherecord.asp
