Negligent Destruction of Evidence

1 Elements and Case Citations

1. Plaintiff has a potential civil action;
2. Defendant has a legal or contractual duty to preserve evidence that is relevant to the potential action;
3. The evidence is destroyed;
4. The destruction of the evidence significantly impairs Plaintiff’s ability to prove her case;
5. A causal relationship between the evidence destruction and Plaintiff’s inability to prove her case; and
6. Damages.

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