{"id":587,"date":"2016-09-13T18:00:01","date_gmt":"2016-09-13T18:00:01","guid":{"rendered":"http:\/\/www.gograylaw.com\/?p=587"},"modified":"2023-08-24T12:15:34","modified_gmt":"2023-08-24T17:15:34","slug":"can-i-sue-someone-who-destroyed-evidence-that-supported-my-louisiana-car-accident-case","status":"publish","type":"post","link":"https:\/\/wrightgray.com\/es\/can-i-sue-someone-who-destroyed-evidence-that-supported-my-louisiana-car-accident-case\/","title":{"rendered":"Can I Sue Someone Who Destroyed Evidence that Supported My Louisiana Car Accident Case?"},"content":{"rendered":"

Have you ever considered whether Louisiana law allows you to sue someone who destroys evidence relating to your case? This is called \u201cspoliation.\u201d While evidence may be destroyed intentionally, in some cases it is even done negligently (accidentally), with no intent to impact a lawsuit.<\/p>\n

Our highest court, the Louisiana Supreme Court,<\/em> recently had the opportunity to address this issue. Specifically, it considered whether, and under what circumstances, a lawsuit may be brought when evidence is destroyed negligently.<\/p>\n

In the case before the court, the injured party was hurt in a multi-vehicle accident in St. Tammany Parish. His insurance company paid him under his policy and took the title to his car, which an auction company later sold for parts to a salvage yard.<\/p>\n

The injured driver brought a lawsuit against another driver he believed to be at fault, as well as the manufacturer of his car\u2014Nissan, and others. Part of his complaint was that his insurance company and the auction company did not preserve his car and that he therefore could not determine whether there were any defects in the airbag system, to support his lawsuit against Nissan.<\/p>\n

The court held that Louisiana did not recognize the tort of \u201cnegligent spoliation.\u201d For that reason, the injured driver could not base his lawsuit on the theory that the insurance company or auction company was unreasonable when they disposed of his car.<\/p>\n

However, the court noted that an injured party whose relevant evidence was negligently destroyed would likely have other avenues to recover for the harm done:<\/p>\n