INTENTIONAL DESTRUCTION OF EVIDENCE: WHY PROCEDURAL REMEDIES ARE INSUFFICIENT

Abstract

The authors argue that civil procedure sanctions and traditional common law procedural remedies are often insufficient or unavailable to deter tortfeasors from intentionally destroying evidence related to their wrongdoing and to compensate victim-plaintiffs. They explain why a civil cause of action is appropriate and necessary to address this serious threat to the viability of the court's fact finding process and ability to properly compensate injured persons.