Remediation of Mold Versus Spoliation of Evidence: When and How to Preserve Evidence

photo-5 icSendicpoliation of evidence is not a new issue for litigation attorneys. Spoliation is generally defined as "the destruction or significant and meaningful alteration of a document or instrument." Black's Law Dictionary 1401, (6th ed. 1990). Claims for spoliation of evidence are most commonly found in the products liability arena, where the destruction of an alleged faulty product can severely prejudice and limit a plaintiff's ability to prove a cause of action or a defendant's ability to defend against a claim. As of this time, there are no court decisions specifically addressing …