What is Spoliation of Evidence?
Understanding Spoliation of Evidence: Legal Implications and Prevention
Spoliation of evidence refers to the destruction, alteration, or failure to preserve evidence that is relevant to a legal proceeding.
What Is Spoliation of Evidence?
Spoliation of evidence refers to the destruction, alteration, or failure to preserve evidence that is relevant to a legal proceeding. It can occur intentionally or negligently and can have serious consequences for the party responsible. In both civil and criminal cases, courts rely on the availability of accurate, unaltered evidence to ensure a fair trial. When evidence is lost or destroyed, the balance of justice may be disrupted. Whether done deliberately or by accident, the result is the same: the court may be deprived of key information, and the opposing party may be unfairly prejudiced. The duty to preserve evidence arises when litigation is pending or reasonably foreseeable. This means that even before a lawsuit is filed, a party may be obligated to safeguard potentially relevant information.
Real-World Examples of Spoliation
In a personal injury case, if a trucking company destroys logbooks or vehicle maintenance records after an accident, it could face severe court sanctions.
In employment law, if a company deletes emails related to a harassment complaint, the court may assume the deleted content was damaging.
In a medical malpractice case, if a hospital loses or alters patient records such as treatment logs or test results after being notified of a potential malpractice claim, courts may rule that the evidence would have supported the plaintiff’s case, significantly affecting the outcome.
In a nursing home negligence case, if a facility fails to preserve surveillance footage or staff notes related to a resident’s injury, the plaintiff can argue spoliation, leading the court to presume the missing evidence would have shown neglect or abuse.
Legal Consequences of Spoliation
Courts take spoliation seriously. Depending on the jurisdiction and severity of the conduct, penalties may include:
Sanctions: These can range from monetary fines to contempt of court.
Adverse inference instruction: The judge may instruct the jury to assume that the destroyed evidence would have been unfavorable to the responsible party.
Dismissal of claims or defenses: In extreme cases, a court may strike pleadings or dismiss the case entirely.
Criminal penalties: In some situations, particularly with intentional destruction, criminal charges may apply.
Preventing Spoliation: Best Practices
To avoid the risks and penalties associated with spoliation of evidence, individuals and businesses should follow these practices:
Implement Litigation Holds: When litigation is anticipated, send a formal notice to preserve documents and data.
Educate Employees: Train staff on the importance of document retention and legal compliance.
Work with IT Professionals: Ensure electronic records are properly archived and backed up.
Maintain a Record Retention Policy: Have a clear, company-wide policy for how long different types of records should be kept.
Consult Legal Counsel Early: A lawyer can help identify what needs to be preserved and how.
CACI No. 204. Willful Suppression of Evidence
Judicial Council of California Civil Jury Instructions (2025 edition). Jury Instruction that is used when Spoliation of Evidence applies.
Be Mindful
Spoliation of evidence can dramatically impact the outcome of a legal case. Whether you are an individual involved in litigation or a business managing legal risk, understanding your obligations and preserving evidence correctly is essential. Taking proactive steps to safeguard evidence ensures compliance with the law and protects your legal interests.