1 Elements and Case Citations
- Plaintiff has a potential civil action;
- Defendant has a legal or contractual duty to preserve evidence that is relevant to the potential action;
- The evidence is destroyed;
- The destruction of the evidence significantly impairs Plaintiff’s ability to prove her case;
- A causal relationship between the evidence destruction and Plaintiff’s inability to prove her case; and
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- The rest of the elements for this cause of action;
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- The statute of limitations; and
- The defenses to this cause of action.
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