Preservation of Evidence and the Doctrine of “Spoliation”

Product manufacturers with any litigation experience understand the rules and importance of preserving evidence following a loss.   Terms like “chain of custody” and “evidence retention” are common in discussions on these types of cases. However, other types of claims, even auto tort cases, also bear litigation duties. Which if not followed carefully, can severely […]

Should You Implement Subsequent Remedial Measures Following an Accident

A common question which arises following an injury on a landowner’s property is whether the landowner should engage in measures to remediate the condition which allegedly caused the injury.  Landowners can be hesitant to undertake such measures for fear that their actions will be utilized by attorneys for the injured party as proof that the […]

Landowner’s Duty of Care for Visitors is “Non-Delegable”

Premises liability law can be tricky for business landowners in Vermont.  Landowners owe a duty to others who are legally present on their land, (whether the landowner is the business “occupant” of the land or not), to use reasonable care to prevent exposure to injury.  Landowners who lease or license their land to others for […]

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