Exists For Third-Party Negligent Spoliation Of Evidence Johnson v. United Services Automobile Assn. Constructive notice of a need to preserve is not sufficient. See, Professional Liability Update, Issue No.
Spoliation is the destruction or suppression of evidence.
A first-party spoliator is a party to the litigation in which the spoliated evidence is deemed relevant. On the other hand, a third-party spoliator is not a party to the litigation in which the evidence is deemed relevant. In Johnson , plaintiff was ejected from his car and sustained brain damage. Insurer USAA knew, or should have known, there was a seatbelt malfunction. Also, USAA had notice that the insured had an attorney, that the insured wanted to sue the seatbelt manufacturer, and that the insured wanted his attorney or representative to look at the car.