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 )[Non-Precedential], the court affirmed the entry of summary judgment in favor of the defense in a slip and fall case.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