The Louisiana Supreme Court has ruled in Reynolds v. Bordelon, 2015WL 3972370 that no cause of action exists for negligent spoilation of evidence. The court considered numerous public policy issues such as the speculative nature of the claim, predictability, societal justice, and opening “the flood gates for endless lawsuits,” stating:
In sum, we conclude that the benefits of recognizing a tort cause of action, in order to deter third party spoliation of evidence and compensate victims of such misconduct are outweighed by the burden to litigants, witnesses, and the judicial system that would be imposed by potentially endless litigation over a speculative loss, and by the cost to society of promoting onerous record and evidence retention policies.
Plauché, Smith & Nieset is engaged in the insurance defense practice, concentrating on insurance defense litigation and business litigation in Calcasieu Parish, Cameron Parish, Jefferson Davis Parish, Allen Parish, and Beauregard Parish. Plauché, Smith & Nieset also engages in the insurance defense practice throughout the state of Louisiana.