What Is Spoliation of Evidence and How Can It Impact a Lawsuit?

What Does Spoliation of Evidence Mean in a New York Lawsuit?

Here's a more detailed breakdown of spoliation of evidence:

• What Is Spoliation?: Spoliation is the act of destroying, altering, or losing evidence that is relevant to a pending or foreseeable legal case. It undermines the integrity of the judicial process by depriving parties of information needed to pursue their claims or defenses.
• Duty to Preserve: A party has a duty to preserve evidence once they are on notice that the evidence is relevant to a potential or pending lawsuit. This "notice" can be formal (e.g., a lawsuit is filed) or informal (e.g., they know an injury occurred and litigation is likely).
• Culpable State of Mind: To warrant sanctions for spoliation in New York, the actions of the party responsible for the loss or destruction of evidence must typically involve a culpable state of mind. While gross negligence is often sufficient, mere negligence can also be considered culpable depending on the circumstances.
• Relevance: The destroyed, altered, or lost evidence must be relevant to a claim or defense in the lawsuit for spoliation to be an issue. If the evidence has no bearing on the case, its spoliation would not typically lead to sanctions.
• Sanctions: If spoliation is proven, New York courts have the authority to impose various sanctions, which are designed to address the prejudice caused by the loss of evidence. These can include:
  • Adverse Inference: The court may instruct the jury to assume that the destroyed evidence would have been unfavorable to the party who destroyed it.
  • Striking Pleadings: In more severe cases, the court may strike portions of the offending party's pleadings (e.g., the complaint or answer), preventing them from asserting certain claims or defenses.
  • Dismissal of Claims: If the spoliation is egregious and severely prejudices the opposing party, the court may dismiss the offending party's claims entirely.
  • Fines and Other Penalties: Courts can also impose financial penalties or other non-monetary sanctions to address the misconduct.
• Examples: Spoliation can manifest in various forms, such as:
  • Intentionally deleting emails, text messages, surveillance footage, or other electronic documents.
  • Throwing away physical documents, objects, or items that are evidence from an accident scene.
  • Altering evidence in a way that makes it misleading or less useful to the opposing party.
  • Failing to implement a "litigation hold" to preserve evidence when a duty to do so has been triggered.

How Can Spoliation of Evidence Affect Your Personal Injury Case in NYC?

• Surveillance videos being deleted from a building or vehicle after an accident.
• Vehicles or equipment being repaired or destroyed before they are photographed or inspected.
• Medical records being tampered with or missing.
• Emails or phone messages being erased that could have shown what someone knew about safety risks.

• Weakened proof: If the evidence supporting your side is missing, it may be harder to show that the other party caused your injury.
• Fewer options during negotiations: Without strong evidence, insurance companies may offer less money or deny your claim.
• Possible dismissal: In extreme cases, if the court believes key evidence was destroyed on purpose, the judge may dismiss your claim or reduce your award.

• An order requiring the other side to explain what happened to the missing evidence.
• Fines or penalties against the person or company that lost or destroyed the evidence.
• A jury instruction that allows jurors to assume the missing evidence would have helped your case.

What Are Common Examples of Spoliation in New York Legal Cases?

• Deleting surveillance footage: A store owner erases footage of a slip and fall accident before the victim can request a copy.
• Repairing or discarding vehicles too soon: After a car accident, one party quickly repairs or gets rid of their car, which may have contained key information about how the crash happened.
• Throwing away defective products: A landlord throws out a broken smoke detector after a tenant was injured in a fire, making it harder to prove the device was faulty.
• Wiping digital evidence: An employer accused of sexual harassment deletes emails or text messages that could prove the victim’s claim.
• Changing medical or incident records: A nursing home edits or “loses” paperwork about how a resident was injured while in their care.

Who Can Be Held Responsible for Spoliation of Evidence in NYC?

• Individuals or businesses involved in the lawsuit: A defendant or plaintiff in a case can be held responsible if they destroy or fail to preserve key evidence, such as video footage, records, or damaged property.
• Employers or corporations: If a company knows a lawsuit is coming and still allows important documents, emails, or surveillance video to be deleted, they may be liable for spoliation.
• Government entities: In some cases, government agencies—like the NYPD or city departments—may lose or destroy evidence. If they had a duty to preserve it, they could face legal consequences.
• Third parties with control of the evidence: Even someone not directly in the case, like a landlord, security company, or hospital, can sometimes be held responsible if they destroy or lose evidence they knew could be used in court.

1. They had control over the evidence. This means they owned it, stored it, or had the ability to protect it.
2. They knew or should have known the evidence might be needed in a lawsuit. They don’t have to be part of the case, but they must have understood the evidence could be important.
3. They did something to destroy, alter, or fail to protect the evidence.

How Do New York Courts Handle Spoliation of Evidence?

• Whether the evidence was intentionally destroyed or carelessly lost – Was it done on purpose or by mistake?
• Whether the person responsible knew the evidence might be needed in a lawsuit – Did they have a duty to keep it?
• How important the lost evidence was to the case – Would it have made a big difference to the outcome?

1. Impose Penalties : The judge may fine the person or business that destroyed the evidence.
2. Give a Negative Jury Instruction : The judge might tell the jury they can assume the lost evidence would have helped the other side. This can be very damaging in a trial.
3. Deny Motions or Dismiss Claims : In extreme cases, a judge might throw out part of a case—or even the whole case—because of the destroyed evidence.

What Should You Do If You Suspect Evidence Is Being Destroyed?

• Contact your attorney right away: Let your lawyer know about your concerns as soon as possible. An experienced attorney can take action to help preserve the evidence. This may include sending a formal legal notice known as a litigation hold letter, which asks the other party to keep the evidence safe.
• Gather what you can: If it’s safe to do so, try to collect your own evidence. Take photos, write down details, and get contact information from witnesses. The more you preserve early on, the better.
• Keep all your records: Save all documents, emails, texts, photos, and reports related to your injury. These can help show what happened, especially if the other side tries to hide or change anything.
• Ask about surveillance footage: In NYC, many buildings and vehicles have security cameras. If you think a camera might have recorded your accident, let your lawyer know right away. Camera footage can be lost or recorded over quickly, sometimes in a few days.
• Don’t try to “fix” evidence: Never change or throw out any object linked to your injury — for example, a broken stair, damaged car, or faulty product. These items may be key to your case later on.

Can Spoliation of Evidence Help or Hurt Your Case in NYC?

• The court penalizes the other side: A judge can punish the party that destroyed the evidence by limiting their legal defenses or even striking parts of their case.
• The jury is told about it: The judge can allow the jury to assume the destroyed evidence would have helped you.
• Stronger settlement position: If the other side knows they damaged the case by destroying evidence, they might be more willing to settle.

• Your case may be dismissed: If the missing evidence was key to your claim, the court may not allow the case to continue.
• The judge may limit your claims: You may not be allowed to make certain arguments or bring up parts of the case if they relate to the lost evidence.
• The jury may assume the worst: Just like a jury can assume the worst against the defendant who destroyed evidence, the same can happen to you.

How Long Do You Have to Preserve Evidence in a New York Case?

• The duty starts early: You must keep evidence as soon as there’s a "reasonable anticipation" of a lawsuit. This can even be before a case is filed in court.
• Applies to both sides: This duty applies to both the person bringing the legal action (the plaintiff) and the person or group being sued (the defendant).
• Destruction may be punished: If someone purposely throws away, deletes, or changes evidence, the court may penalize them. This is known as spoliation of evidence.

• Photos from the accident scene
• Medical records
• Video surveillance from nearby cameras
• Emails or messages related to the incident
• Physical objects, such as damaged equipment

What Are the Legal Consequences for Spoliation Under New York Law?

• Sanctions from the Court: If a judge finds that evidence was destroyed on purpose or through negligence, they can punish the responsible party. These punishments are called “sanctions.”
• Negative Inference: One common penalty is allowing the jury to assume the missing evidence would have hurt the party who destroyed it. This is known as a “negative inference.” It can hurt that party’s case.
• Dismissal of Claims or Defenses: In very serious cases, a judge may dismiss the case of the person who harmed the evidence. If the spoliation was bad enough, the court might not let that person continue their lawsuit or defend against one.
• Financial Penalties: The court can order the responsible party to pay the other side’s legal costs related to the missing evidence. This includes attorney fees and costs spent trying to replace or explain the lost information.

FAQ About Spoliation of Evidence in New York Lawsuits

• What is spoliation of evidence? Spoliation of evidence means that someone destroyed, changed, or hid important evidence in a legal case. In New York lawsuits, this can happen before or during the legal process. The courts take this issue very seriously because it can affect a person's ability to prove their case.
• Can spoliation of evidence hurt my lawsuit in New York? Yes, it can. If someone destroys evidence that could help your case, it may make it harder to prove what happened. However, courts can take action when this occurs. Judges may penalize the person who ruined the evidence, which could actually help your case in some situations.
• What kinds of evidence can be spoiled? Almost any type of evidence can be spoiled, including:
  • Videos from surveillance cameras
  • Photographs taken after an accident
  • Medical records or reports
  • Emails or text messages related to the case
  • Broken equipment or items involved in an injury
• Who can be responsible for spoliation? In New York City, anyone connected to the case could be responsible, such as:
  • The person or business being sued
  • Property owners where the accident happened
  • Employers
  • Even third parties like security companies
• What happens when the court finds out about spoliation? If the judge believes that evidence was destroyed on purpose or by mistake, they can respond in different ways, such as:
  • Ordering the person to pay a fine
  • Allowing the jury to assume the evidence would have helped the other side
  • Preventing the guilty party from making certain arguments
  • In rare cases, dismissing part or all of their claims or defenses
• How do I know if spoliation has occurred? It’s not always easy to tell. If you suspect that records or other useful materials are missing or were not given to your attorney, that could be a sign. A personal injury lawyer can help investigate and take steps to preserve important evidence.
• What should I do if I think evidence is being destroyed? You should act quickly. Let your attorney know right away. Your legal team can send a "preservation letter," which is a formal request telling the other party not to destroy any evidence. Courts expect people to save materials that could relate to a lawsuit once they know a legal claim may be filed.
• Does New York have specific rules about preserving evidence? Yes. In New York, both sides in a legal case have a duty to keep any evidence that may be important. This duty begins when someone should reasonably expect a lawsuit might happen. Failing to preserve evidence after that could lead to penalties from the court.
• If I lost or damaged evidence by accident, will I get in trouble? It depends. If the court believes it was truly an accident and you took reasonable care, they may not punish you. However, the more careless it looks, the more likely the court is to issue a penalty. Always do your best to protect and save anything that could be used in your case.
• Can I access evidence someone else has? Your attorney can request that the other side share relevant materials during the process called "discovery." If they refuse or destroy it, the court can order them to comply or take action against them for spoliation.

Sources

• New York State Courts — Spoliation of Evidence (Section 4.18.1)
• Uniform Civil Rules for the Supreme Court & County Court (Part 202)
• Pegasus Aviation I, Inc. v Varig Logistica S.A., 26 N.Y.3d 543 (2015) — NY Court of Appeals
• Bench Book for New York State Judges — Discovery of Electronically Stored Information
• Commercial Division Guidelines for Discovery of Electronically Stored Information (Appendix A)

Injured in NYC? Contact The Orlow Firm for a Free Confidential Consultation

• Security camera footage from a store or building
• Accident scene photos that later disappear
• Vehicle parts or machinery that are destroyed before inspection
• Employee records, logs, or maintenance reports that suddenly go missing

• Secure and protect evidence before it’s lost
• Send legal notices asking the other party to keep all relevant materials
• Document any signs of evidence being altered or destroyed
• Ask the court for legal relief if spoliation has occurred

• Allowing a jury to assume the lost evidence would’ve helped your case
• Ordering fines or other penalties against the responsible party