Premises
Decisions on injuries caused by dangerous conditions on property, such as slip, trip, and fall cases.
-
Slip-and-Fall Video Overwritten After a Preservation Letter: Adverse Inference Charge Ordered (Fernandez v Port Auth. of N.Y. & N.J., 2d Dept 2026)
Where there is a question of fact as to the time a preservation letter is received and the time when the video is destroyed, the jury is to determine whether “spoliation of evidence” occurred. Here, in a slip-and-fall case against an airline, the Second Department held that “[t]he appropriate sanction” for any spoliation “would be an adverse inference charge” against the airline.
Decision Day summarizes and comments on published court decisions. It is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Unless an entry says otherwise, The Eskesen Law Firm did not represent any party in these cases.
Legal Help When You Need It
Fill out the form to request a consultation and we will be in touch as soon as possible.
(212) 433-4500Toll-free 1-800-321-NYLAW (1-800-321-6952)
- Calls answered live 24 hours a day, 7 days a week.
- We speak English, Spanish and Portuguese.
- Main office
450 Seventh Avenue, Suite 1808
New York, NY 10123 - Downtown office
30 Wall Street, Suite 804
New York, NY 10005
By appointment only