Many Buffalo personal injury lawsuits hinge upon documentation such as records of maintenance or complaints regarding a dangerous condition. If such documents exist and are requested by the injured party, the defense is usually obligated to disclose them. If documentation has been destroyed, the issue may impact how the case proceeds.
When there is proof that evidence was deliberately destroyed and that evidence was relevant to the case, the court should direct the jury that they may infer that the evidence would have been detrimental to the party that destroyed it. In other words, the jury may assume that the evidence would have undermined that party’s case.
The deliberate mutilation or destruction of evidence, however, is not sufficient to serve as a basis for the inference, it must also be established that the evidence was relevant to the issues being tried in the personal injury lawsuit.
If you have suffered a personal injury, we would be happy to help you. Please feel free to call us at 716-542-5444.
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