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When dealing with video that might be used in a malpractice or premises liability case, the risk of spoliation arises when the owner of the evidence knows it could be relevant to the case and destroys it anyway. When that happens, the court may order the jury to assume that whatever was on the video was damaging to the party that destroyed it.

Spoliation Instruction Is Major Risk to Avoid

When dealing with video that might be used in a malpractice or premises liability case, the risk of spoliation arises when the owner of the evidence knows it could be relevant to the case and destroys it anyway. When that happens, the court may order the jury to assume that whatever was on the video was damaging to the party that destroyed it.