I’m sending a spoliation letter on a Kentucky litigation case this afternoon. This type of letter is used to preserve evidence. It basically says this: Defendant, if you have evidence or a video you better preserve it. If you fail to preserve it I’m going to ask the Judge on this case to instruct the jury that you failed to preserve presumably because the evidence was adverse to you.
The letter is more “lawyerly” and “fancy” but in laymen terms it puts the Defendant on notice. Mostly I send these letters on slip and fall cases. Videotape recording and surveillance in stores and gas stations goes on a loop and erases video. This letter helps counteract if its sent in time.
I also request any type of cleaning logs, receipts, or other written or photographic evidence of injury and/or liability
The letter I’m sending today is in reference to an act that happened months ago (client contacted me today), but it is worth sending. The police investigated this incident and have evidence, but I want to make sure I get it as well.
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