In car accident cases where it is alleged a car was unsafe due to either the manner in which it was designed or manufactured, the car itself can be important evidence in establishing liability. In some cases, a plaintiff has a duty to preserve the car so that the opposing party may inspect it, and the failure to do so may adversely affect the plaintiff’s case.
Recently, the United States District Court of the Southern District of Florida analyzed the factors needed to impose an adverse inference against the plaintiff for failing to preserve a car that was allegedly defective. If you were injured in a South Florida car accident, you should speak with an experienced attorney as soon as possible to avoid taking any actions that could adversely affect your case.
Factual and Procedural Background
It is reported that the plaintiff was involved in a one vehicle accident, in which he swerved to avoid a car that made an improper lane change and lost control of his vehicle. His vehicle left the roadway and flipped over, landing on its roof. He suffered severe injuries and required amputation of his left arm. The plaintiff’s insurance company deemed the plaintiff’s car a total loss. The plaintiff transferred the title of his vehicle to the insurer. Neither the plaintiff nor the insurer preserved the vehicle. The plaintiff subsequently filed a product liability action against the defendant car manufacturer alleging that his car was defective.