By THe TIme A CAse reaches an attorney’s desk, all too often pertinent evidence either has been lost—or was never collected in the first place. California’s statute of limitations for a personal lawsuit is two years; consequently, an attorney’s first involvement in an incident on your property usually happens more than two years after the incident has occurred. If your hotel or resort has not properly gathered and preserved evidence, it becomes very challenging to recreate what transpired. hence, it is imperative that; your hotel have formal written evidence retention policies; that first responders and security teams are properly trained on how to gather the evidence; and that hotel staff take steps to ensure that this evidence is preserved. failing to collect and preserve evidence can turn a defensible case into a major settlement. Spoliation of evidence Incident investigators and the people your hotel has tasked with preserving evidence need to be aware of the severity of failing to do SuMMeR 2015 California Hotel & Lodging Association 13 Is your Hotel Properly Collecting and Preserving Incident related evidence? By David Samuels, Esq., Sr. Litigation Partner at Michelman & robinson, llP
CHLA Lodging News Summer 2015
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