Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing when a plaintiff’s duty to preserve evidence arises. Ultimately, the court concluded that the plaintiff’s duty to preserve evidence arises at the same time a defendant’s duty does, which is when the plaintiff reasonably anticipates litigation will be forthcoming.
The case presents an important issue for Maryland car accident victims in that it illustrates a plaintiff’s duty to preserve evidence, which, if not followed, can result in serious sanctions up to and including dismissal.
The Facts of the Case
The plaintiff’s husband was seriously injured when a tire on the vehicle he was driving blew out, sending the vehicle spinning out of control on the highway. Eventually, the vehicle came to a rest upside down, and the plaintiff’s husband was left unconscious as a result of the injuries he sustained in the accident.