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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.
Jurisdictions throughout the country have developed varying application and remedial strategies to combat what is considered a pervasive issue confronting civil litigation. While specific anti-spoliation laws and policies vary between different jurisdictions, they serve the general goal of preventing a spoliator from benefiting from his wrongdoing by the imposition of remedial and even punitive measures. This article examines recent developments in spoliation law affecting civil litigation, including various remedial and punitive strategies that some jurisdictions have adopted.
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