Recent Developments in Spoliation Law

Spoliation has been broadly described as the destruction or alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation. While the definition of spoliation was once limited to the intentional destruction of evidence, many courts have adopted significantly broader definitions that include the negligent or unintentional destruction of evidence. Spoliation affects litigants on both sides of the 'v.' and is not considered an exclusive plaintiff or defendant issue. A product liability attorney needs to take notice and be aware of potential issues that may arise when confronted with spoliation, both from the standpoint of implementing a strategy to counter the actions of a spoliator and to implement safeguards to avoid becoming a spoliator.