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Sunday, January 24, 2010

Requests to Preserve Evidence Must be Timely

The failure to act swiftly in both requesting preservation of evidence, as well as inspecting the physical evidence of a work related accident, can lead to a waiver of a cause of action for spoliation of evidence.  An attorney for an injured worker quickly requested that a potentially defective forklift be preserved, but did not hastily have an expert conduct a physical inspection.

Ciapinski v Crown Equipment Corp., 2010 WL 183903 (N.J. App. Div.) Decided Jan. 21, 2010.

Click here to read more about evidence and workers' compensation.