Preservation of Evidence

It is not uncommon for people to fix their homes after suffering property damage as a result of someone else’s negligence.  Sometimes, though, people fix their damaged property and discard it before making the decision to pursue the claim.  Thus, it is very common for defendants to argue that they suffered prejudice, e.g., that they did not have an opportunity to inspect the property before disposal, and that a claimant/plaintiff should be punished for destroying evidence.  As a result, it is our suggestion that a claimant/plaintiff should maintain and preserve at least a representative sample (if not the whole item) of the damaged property.   In addition, the claimant/plaintiff should photograph/video the damaged area in its pre-repair condition.

This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.