When critical evidence is destroyed or lost, it can significantly impact your injury case—here’s what spoliation means and how New York courts address it.
What Is Spoliation of Evidence?
Spoliation of evidence occurs when a party destroys, alters, or fails to preserve evidence that is relevant to pending or reasonably foreseeable litigation. In personal injury and medical malpractice cases, this can include physical evidence like a defective product or damaged vehicle, documentary evidence such as medical records or incident reports, or digital evidence like surveillance footage or electronic communications.
The duty to preserve evidence typically arises when litigation is pending or when a party reasonably should know that evidence may be relevant to future litigation. This duty applies to all parties involved in potential litigation—plaintiffs, defendants, and sometimes even third parties who control relevant evidence.
Common examples of spoliation in injury cases include a property owner erasing security camera footage after a slip and fall, a hospital altering or losing medical records, a defendant repairing or discarding a defective product that caused injury, or an employer destroying workplace safety reports after an accident. When such evidence disappears, it can severely compromise your ability to prove your case.
How New York Courts Address Spoliation
New York courts take spoliation seriously because the justice system depends on the availability of relevant evidence. When spoliation occurs, courts have several remedies available, depending on the severity of the misconduct and whether the destruction was intentional or negligent.
The most severe remedy is an adverse inference instruction, where the judge tells the jury they may presume that the destroyed evidence would have been unfavorable to the party who destroyed it. New York courts may issue this instruction when a party had control over the evidence, the evidence was destroyed with a culpable state of mind, and the missing evidence was relevant to the case. This instruction can be powerful—it essentially allows the jury to assume the worst about what the missing evidence would have shown.
Other remedies include monetary sanctions against the offending party, striking pleadings or precluding certain testimony, dismissal of claims or defenses in egregious cases, or allowing additional discovery to attempt to reconstruct the missing evidence. The specific remedy depends on factors such as whether the spoliation was intentional or negligent, the prejudice caused to the other party, and whether alternative evidence is available.
In some situations, spoliation can also form the basis for a separate tort claim, though New York courts have been somewhat restrictive in recognizing independent spoliation claims by parties to the underlying litigation.
Protecting Your Case From Spoliation Issues
If you’ve been injured, taking steps to preserve evidence should be a priority from the beginning. Document everything you can through photographs and videos of the accident scene, your injuries, and any property damage. Keep all physical evidence related to your accident, such as damaged clothing, defective products, or broken equipment. Obtain copies of all relevant documents, including medical records, accident reports, employment records, and correspondence with insurance companies.
It’s equally important to fulfill your own duty to preserve evidence. Once you consult with an attorney about a potential claim, you have a legal obligation to preserve relevant evidence in your possession. This includes not discarding physical items, not deleting emails or text messages related to the incident, and preserving social media posts and photographs. Even well-intentioned actions like repairing a dangerous condition or throwing away damaged items can create problems for your case.
When evidence is in someone else’s control, your attorney can send a preservation letter (sometimes called a spoliation letter or litigation hold letter) that formally notifies the other party of their duty to preserve specific evidence. This letter creates a clear record that the party was aware of their preservation obligations, which strengthens your position if evidence is later destroyed.
If you discover that important evidence has been destroyed or is missing, notify your attorney immediately. The sooner spoliation is identified, the more options may be available to address it, whether through motion practice, discovery of alternative evidence, or seeking appropriate sanctions from the court.
Frequently asked questions
What should I do if I discover the other party destroyed evidence in my injury case?
What should I do if I discover the other party destroyed evidence in my injury case?
Can I be penalized for accidentally throwing away something related to my injury case?
Can I be penalized for accidentally throwing away something related to my injury case?
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Injured in New York? Alan Ripka & Associates offers a free, confidential case review in English, Spanish, or Russian. Call 212-557-4777.
Attorney Advertising. This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different; prior results do not guarantee a similar outcome. For advice about your situation, contact Alan Ripka & Associates, LLP at 212-557-4777 for a free consultation.
