What is spoliation of evidence and why does it matter in Georgia personal injury cases?
Spoliation is the destruction, alteration, or failure to preserve evidence relevant to pending or reasonably foreseeable litigation. Under O.C.G.A. § 24-14-22 and the principles established in Bridgestone/Firestone v. Campbell, Georgia courts can instruct juries to draw an adverse inference from a party’s failure to preserve evidence. This means that if a trucking company destroys dashcam footage, or if a property owner discards the defective product that caused your injury, the jury can be told to presume that evidence was harmful to that party. Never destroy any evidence related to your case, and contact a lawyer immediately to send preservation demand letters.
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