OCGA 8-2-106 Interpretation
In Lane v. Montgomery Elevator Co., 225 Ga. App. 523, 525 (484 SE2d 249) (1997), the Court found that, if a violation of OCGA 8-2-106 was proved, "then such conduct would constitute a form of spoliation of evidence, because by working on the elevator, the evidence would have been tampered with, altered or destroyed."
If such spoliation occurred, then a rebuttable presumption arises that the altered or destroyed evidence favors the party injured in the elevator accident. Id.