While sanctions for evidence spoliation is rare, sanctions for failing to produce documents are often similar to that for destroying documents. ... Dec 03 The Dangers of a Slip and Fall Accident. A business or property owner’s conscious and unilateral decision to preserve only a fraction of the requested video because of a “rule of thumb” constitutes spoliation. Recently, a jury in Philadelphia awarded $1.48 million in a slip-and-fall case where the defendants destroyed video evidence of the fall in an attempt to prevent the injured party from succeeding in court. Sample Spoliation Letter in Truck Accident Case. Robin Smith 6922 Main Way Sintex, NH 00000. 19-22906 (S.D. After the cruise, Plaintiff contacted Defendant’s claims division about her fall and injuries but did Slip and falls are extremely common. Sample Letter to a Business After a Slip and Fall Accident. A letter of spoliation can certainly play an important role in a truck accident case. Jan. 28, 2020 Chagares, J., Greenaway, J., Greenberg, J.) To Whom It Concerns: February 12, 20xx. The Importance of Spoliation Letters Spoliation letters are the difference between large amounts of potentially lost data and intentionally saved specific data for evidence. Video surveillance for an extended period prior to a slip and fall is highly probative evidence. Your attorney should send a “spoliation letter” very quickly after a slip and fall or premises liability incident. Fla. Aug. 5, 2020), the District Court denied Plaintiff’s spoliation sanctions motion. A spoliation letter is a notice to another party—most often an opposing party—that requests the preservation of relevant evidence. by Chagares, J. Snack-n-Chat Restaurant 666 Alamo Circle Grinel, NH 00000. Yet, federal common law is limited because it only applies to federal courts. Federal law views the preservation of evidence as a common-law duty even before a claim is filed. If the defendant then deletes or discards relevant evidence after being put on notice of a potential claim, there will be serious adverse consequences against that defendant. )[Non-Precedential], the court affirmed the entry of summary judgment in favor of the defense in a slip and fall case. 18-3313(3d Cir. Claim of Spoliation of Video in Slip and Fall Case Rejected In the case of Pace v. Wal-Mart Stores East, LP , No. Below are three sample notification letters that might be sent after a slip and fall accident. If a business disposes of records that may serve as evidence in a legal matter they can be found responsible for spoliation . Free Consultation (800) 553-8082 Miller & Zois helps injured victims and their families in personal injury, medical malpractice and wrongful death cases. Today's case breakdown: Recently, in Marshall v. Brown’s IA, LLC (“ShopRite”), the Pennsylvania Superior Court vacated judgment as a result of the trial court’s failure to provide the jury with an adverse inference jury instruction - read the blog today to find out more about a woman who slipped and fell at a local ShopRite. Maryland Personal Injury Lawyers. Slip and Fall Case Impacts on Spoliation Rules A large part of running a business is dealing with records. In the context of a slip and fall case, this most often involves alerting the store and insurance company to the presence of litigation. Spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplate or pending litigation. (Op. In Hoover v. NCL, No. At any point someone knows that certain evidence could be relevant in litigation, it must be kept intact. These letters are often used in cases where the defendant holds evidence that is material to the claim. But keep in mind that the duty to preserve proof starts long before a letter is constructed. Plaintiff was a passenger on a cruise ship operated by Defendant and slipped while walking down an outdoor stairway sustaining injuries.