Cape Cod Injury Lawyer Blog
When a person is hurt on another person’s property, he or she has a right to seek compensation through a premises liability lawsuit. Of course, just as in any negligence case, the burden of proof is on the plaintiff to prove that the defendant owed him or her a duty of care, that the duty of care was breached, that the plaintiff was harmed, and that there was a link of causation between the harm and the breached duty.
In proving his or her case, the plaintiff may introduce several types of evidence, including physical evidence, if applicable. In a recent case, an injured man sought sanctions against the defendant homeowners for their alleged destruction of a ladder that he alleged caused him to fall. He also sought the reversal of an order of summary judgment entered in the defendants’ favor.
Facts of the Case
In a recent appellate case, the plaintiff was a man who filed a personal injury claim against the defendant property owners (who were the plaintiff’s step-sister and her husband), seeking compensation for injuries he allegedly suffered after a ladder “jolted,” causing him to fall while doing some painting work at the defendants’ home. After discovering that the defendants no longer had the ladder in their possession, the plaintiff sought sanctions for spoliation of evidence. The trial court denied the plaintiff’s motion and instead granted summary judgment to the defendants.
The Decision of the Appellate Court
The Commonwealth of Massachusetts Appeals Court affirmed the trial court’s decision, quoting the lower court’s finding that, “based on the undisputed evidence… at the time the ladder was destroyed, the defendants did not know… that the evidence might be relevant to litigation.” Since the doctrine of spoliation permits sanctions only when a litigant negligently or intentionally loses or destroys evidence, there was no reason to sanction the defendants because they did not dispose of the ladder until after the plaintiff had told them that he “did not want to sue [them].”
With regard to summary judgment, the plaintiff offered no evidence of a breach of duty by the defendants. Thus, summary judgment for the defendants was the appropriate action. In so holding, the court noted that the mere fact that an accident happened was not evidence of negligence by the defendants, nor did the plaintiff’s failed spoliation claim constitute sufficient evidence to defeat the defendants’ motion for summary judgment.
Get Reliable Advice from an Experienced Cape Cod Injury Attorney
If you or a loved one has been hurt on someone else’s property, you may be entitled to pursue monetary compensation for damages such as lost earnings, medical bills, and pain and suffering. To schedule a free consultation with a skillful Cape Cod premises liability attorney, call the Law Offices of John C. Manoog, III, at (888) 262-6664 to schedule an appointment in our Hyannis or Plymouth offices. Time is always of the essence in personal injury litigation, so you should seek legal advice as soon as possible concerning your claim.
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