The consequences of spoliation or destruction of evidence, whether unintentional, intentional, or negligent, can be dire to a personal injury claim. Evidence like surveillance videos, internal accident reports, maintenance histories, and/or the conditions of premises at the time the personal injury accident occurs can be important factors in determining who is at fault for a personal injury.

Unfortunately, businesses, landlords, and others similarly situated, DO NOT have a legal duty to provide an injured party with a copy of accident reports, surveillance videos, maintenance histories, and other related evidence PRIOR to a personal injury action being filed. Therefore, they typically classify this type of evidence as private and/or for their internal purposes only, and are reluctant to disclose this type of evidence when requested by an injured party or attorney.

However, businesses, landlords, and others similarly situated DO have a legal duty to preserve any relevant evidence if they know or reasonably should know that the evidence might be relevant to a potential personal injury action. To be certain, an injured party should notify any potential litigant to preserve any such evidence that may be relevant to a potential personal injury matter. If a potential litigant fails to preserve such evidence, a judge has the discretion to impose sanctions for the spoliation or destruction of evidence in the underlying action in which the evidence would have been offered.

Remember, though, you most likely have a camera built into your cellphone. Photograph any accident scene and injuries as soon as possible to preserve any evidence, including the conditions of the premises, at the time the personal injury accident occurred. Such evidence may by useful should a spoliation of evidence issue arise.

If you have sustained a personal injury on a premises, you should contact an attorney immediately to protect your interests. Hire a Boston Personal Injury Attorney from The Jacobs Law, LLC to protect your interests and represent you throughout the matter. You can contact us at 800-652-4783 or ContactUs@TheJacobsLaw.com.