Spoliation of Evidence - Door Closer Personal Injury Case
A 35-year-old woman filled her gas tank and then went into the gas station
mini-mart to buy a snack. She pushed open the swinging glass door and
as she walked through the doorway the door slammed her in the back, causing
her to fall forward and hit her head on a store display. A personal injury
lawsuit was filed.
Mike Panish, the country’s leading door expert, was retained by the
plaintiff’s attorney to examine the doorway and determine if there
was anything wrong with the door or its hardware. The inspection took
place 1 year after the date of injury. During the inspection Mike noticed
that the door closer, which regulates and controls the door’s speed
and force, had been replaced since the injury and was not the same door closer.
Position identification and date of manufacture of a door closer is often
determined through codes stamped on the hardware. Paint marks, screw holes,
and oil stains can also help determine if a door closer has been replaced.
While inspecting the door closer in place, Mike determined that, in fact,
the door closer was not the same closer that was on the door at the time
of the accident. The judge was not happy to learn this, and encouraged
defense counsel to “write a check”.
Mike Panish, Door Expert, has been the expert of choice in determining
potential claims for spoliation of evidence. He has been retained by both
Plaintiff and Defense to evaluate the facts pertaining to door closer
Click here to read Mike Panish’s published article on manual door closers and
get more information on how he can help you with your case.
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