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

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Cindy Cordova

Legal Writer at The Orlow Firm | Website

Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.

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• July 8, 2025

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

Quick Answer: In New York personal injury cases, spoliation of evidence refers to the destruction, alteration, or loss of evidence that is relevant to a legal case. This can occur when a party with a duty to preserve evidence fails to do so, either intentionally or negligently. Spoliation can lead to various sanctions against the responsible party, including adverse inferences, fines, or even dismissal of claims.

Here’s a more detailed breakdown of spoilation 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.

If you think spoliation of evidence may have affected your personal injury claim in New York City, contact The Orlow Firm at (646) 647-3398 for a free, confidential consultation.

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

Spoliation of evidence can have a serious impact on your personal injury case in New York City. When important evidence is lost, destroyed, or changed, it can make it much harder to prove what happened or who was responsible. This can affect how much money you may be able to recover for your injuries, or even whether you can win your case at all.

What is Considered Spoliation in a Personal Injury Case?

Spoliation happens when someone involved in a legal case gets rid of or damages evidence that is important to the case. This can happen by accident or on purpose. In personal injury cases, the following are common examples:

• 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.

If this kind of evidence is destroyed before it can be reviewed, it may damage your ability to build a strong case.

How Spoliation Can Affect Your Case in NYC

In New York City personal injury cases, evidence is key. Spoliation can affect your claim in several ways:

• 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.

Example in a NYC Context:

Let’s say you slipped and fell in the lobby of an apartment building in the Bronx. You believe a wet floor without warning signs caused your fall. The building has cameras, but the footage was deleted after you complained. That missing video could have shown the wet floor—and that no warning signs were present.

By losing that evidence, the building owner may have committed spoliation. This could work in your favor if your lawyer can show the video was wrongfully destroyed. In some cases, the judge may instruct the jury to assume the lost evidence would have helped your side.

Court Remedies for Spoliation in NYC

If spoliation happens, your attorney may ask the court for help. Some possible outcomes include:

• 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.

Protecting Your Case

If you’re injured in NYC, it’s important to act fast. Tell your attorney about any evidence you think exists, like videos, photos, or witness statements. Your lawyer can take steps to send a legal notice, called a “preservation letter,” to the other party. This letter tells them not to destroy any evidence related to your case.

If you fear important objects or records may be destroyed, tell your attorney right away. Preserving evidence early often makes a big difference in your case’s outcome.

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

Spoliation of evidence happens when someone destroys, hides, or changes evidence they know is important to a legal case. In New York City, where many different types of personal injury claims are filed every day, spoliation can seriously affect the outcome of a case. Understanding real-world examples can help you know what to watch for and how to protect your legal rights.

Here are some 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.

Each of these examples involves an action that may prevent the other side from using important facts in court. In some cases, this is done on purpose, while in others, it happens out of carelessness.

In personal injury cases, especially in a big city like NYC, evidence is often in the hands of businesses, landlords, or government agencies. That’s why sending a “preservation letter” early—also called a spoliation letter—can be very important. This letter tells the other side to keep all evidence related to the case.

If you believe someone has destroyed or hidden evidence in your case, that may give you legal options. New York courts take spoliation seriously, and it could affect whether the court allows certain defenses or even dismiss parts of a case.

If you think spoliation of evidence may have affected your personal injury claim in New York City, contact The Orlow Firm at (646) 647-3398 for a free, confidential consultation.

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

In New York City, several different parties can be held responsible for spoliation of evidence. Spoliation happens when someone destroys, alters, or hides evidence that may be important in a legal case. This can harm another person’s ability to prove their claim in court. Who is responsible depends on who had control of the evidence and whether they had a duty to keep it safe.

Here are the most common parties 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.

What makes someone legally responsible for spoliation?

In New York, a person or group can be held responsible if all of the following are true:

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.

This responsibility is called the “duty to preserve” evidence. Once a person or business knows a lawsuit is possible, they must take steps to protect any related evidence. Waiting too long or failing to act can lead to serious legal problems.

Example in a NYC personal injury case: Imagine you slip and fall in a Bronx grocery store, and the store’s security cameras record the incident. If store owners delete the footage after getting a legal notice, they could be held responsible for spoliation. The court might even allow a jury to assume that the missing footage would have helped your case.

If you believe evidence has been destroyed in your case, don’t wait. Speak with a personal injury attorney as soon as possible. The Orlow Firm can help you take the necessary steps to protect your legal rights. For a free, confidential consultation, call (646) 647-3398 today.

How Do New York Courts Handle Spoliation of Evidence?

In New York, courts take spoliation of evidence very seriously. Spoliation happens when someone destroys, hides, or fails to preserve important evidence that is needed for a legal case. This can hurt the fairness of a trial because one side may no longer have the proof needed to support its claim or defense.

When a New York court finds that spoliation has occurred, the judge will first decide if the missing evidence was important to the case. The court will consider:

• 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?

If the court finds that spoliation occurred and that it harmed the other side’s case, the judge may take strong actions to correct it. These actions are meant to keep the trial fair. Here are some steps a New York court might take:

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.

The courts in New York follow rules that vary based on case type. For example, in a personal injury case in NYC, if a business purposely erases security footage after a slip and fall, the court might allow the injured party to claim that the video would have shown fault. This can strengthen the injured person’s position, even without the actual footage.

It’s important to know that both sides in a lawsuit must act in good faith. If you are involved in a case, you have a legal duty to keep any evidence that might relate to it. This includes emails, videos, documents, and more.

If you believe key evidence in your personal injury case has been destroyed, it’s best to speak with a personal injury attorney right away. Preserving evidence early can help protect your rights in court.

For help with your case, contact The Orlow Firm today at (646) 647-3398 for a free, confidential consultation.

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

If you believe someone is destroying or hiding important evidence in your case, it’s important to act quickly. In legal terms, this is called spoliation of evidence. In New York City, spoliation can seriously affect the outcome of a personal injury case. Being prepared and taking the right steps can help protect your rights.

Here’s what you should 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.

If someone does destroy evidence, your lawyer may be able to ask the court for help. In some cases, the judge can give special instructions to the jury or even penalize the party who ruined the evidence.

Spoliation of evidence can make it harder to prove your case, but acting quickly gives you the best chance to protect your claim. If you’re facing a situation like this in New York City, don’t wait. Contact The Orlow Firm at (646) 647-3398 to discuss your case and learn what options you have.

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

Spoliation of evidence can either help or hurt your case, depending on who was responsible for it and how the court handles the situation. In a personal injury lawsuit in New York City, both sides have a duty to preserve evidence that may be important to the case. This includes documents, photos, videos, damaged items, or even digital files.

If the other party destroys or loses important evidence, it can potentially help your case. For example, if a construction company fails to keep video footage of an accident, the court may see that as an attempt to hide something. The judge might allow the jury to assume that the missing evidence would have been harmful to that party. This is known as an “adverse inference.”

Here’s how spoliation of evidence might help your case:

• 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.

However, spoliation can also hurt your case if you are the one accused of damaging or losing evidence. Even if it was done by mistake, the consequences can be serious in New York courts.

Here’s how spoliation might hurt your case:

• 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.

For example, if you were injured in a slip and fall in a Bronx grocery store and took pictures of the wet floor but later deleted them, a judge could decide that hurts your credibility. This would weaken your case.

In New York City, courts take the duty to preserve evidence seriously. That’s why it’s important to act quickly after an injury. Keep all documents, take photos, and don’t delete anything that could be part of your case.

If you’re unsure whether something counts as evidence or if the other side might be destroying information, it’s best to speak with a personal injury lawyer right away. They can help protect your rights and take legal steps to prevent spoliation from damaging your case. For help, call The Orlow Firm at (646) 647-3398 for a free, confidential consultation.

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

In New York personal injury cases, all parties involved have a duty to preserve evidence that may be important to the case. This obligation begins as soon as someone should reasonably expect that legal action might happen. This is often called the “duty to preserve evidence.”

There is no exact number of days or weeks written into law for how long evidence must be kept. Instead, it depends on the situation. Once you know—or should know—that a lawsuit may be coming, you must take steps to hold onto all relevant evidence. Failing to do so can lead to serious problems under New York law.

Here are a few key points to understand about preserving 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.

In a personal injury case in New York City, this might include:

• 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

For example, let’s say you were injured after slipping on a wet floor in a Bronx grocery store. If the store erases its surveillance footage after learning someone was hurt, the court may see that as destroying evidence. Even if there’s no lawsuit yet, they still had a duty to keep that footage once they knew about the injury.

It’s especially important to act quickly in New York City, where camera systems in public housing, businesses, and transit systems often delete footage in a matter of days if not preserved right away.

To protect your rights, it’s smart to send what’s called a “preservation letter” early on. This is a written notice sent to the person or business that may have evidence. It tells them not to destroy or alter anything that could matter to your case.

If you or a loved one has been in an accident in NYC, preserving evidence early can make a big difference. If you’re unsure whether evidence is being kept or destroyed, don’t wait. Contact The Orlow Firm for a free and confidential consultation at (646) 647-3398. We can help you take the right steps to protect your case.

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

In New York, spoliation of evidence can have serious legal consequences. Spoliation happens when a person or business destroys, hides, or fails to preserve important evidence that might be needed in a legal case. The courts in New York take this issue very seriously, especially in personal injury and accident claims.

Here are some of the possible 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.

For example, in a personal injury case in New York City, if a store owner erases security footage showing someone falling, the court may assume the video would have proven the store was at fault. That can make it harder—or even impossible—for the store owner to win the case.

Importantly, a court doesn’t always require proof that the party destroyed evidence on purpose. In many cases, simply losing or misplacing key evidence due to being careless may still lead to penalties.

To avoid these problems, all parties have a legal duty to preserve relevant evidence once they know it could be used in a lawsuit. This includes photos, medical records, surveillance videos, emails, damaged items, or anything else connected to the incident.

Spoliation can damage or even destroy your chances in court. Whether you are bringing a case or defending one, protecting important evidence is crucial. If you suspect that evidence is being destroyed—or has already been lost—it’s wise to contact a personal injury attorney quickly for guidance.

To discuss your situation and learn your legal rights, call The Orlow Firm at (646) 647-3398 for a free, confidential consultation.

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.

If you believe key evidence has been lost or destroyed in your New York City injury case, it’s important to talk to a trusted lawyer. You can contact The Orlow Firm at (646) 647-3398 for a free, confidential consultation to discuss your situation and find out what options may be available to protect your rights.

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

If you were injured in New York City and believe important evidence in your case has been lost or destroyed, it’s important to take action right away. At The Orlow Firm, we understand how the loss of evidence—also called spoliation of evidence—can affect your personal injury claim.

Spoliation happens when someone hides, damages, or gets rid of key evidence that may help prove your case. This can involve things like:

• 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

If you’re hurt in an accident—on a street, at a workplace, or in a building—and think evidence is being deleted or hidden, it’s important to get legal advice quickly. Proving spoliation can be complex, but it may help your case if handled properly.

The Orlow Firm has experience with personal injury cases involving lost or destroyed evidence throughout New York City—including the Bronx, Brooklyn, Queens, and Manhattan. We work to:

• 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

If evidence is mishandled, courts may respond by:

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

Dealing with physical injuries is hard enough. When critical evidence disappears, the legal process can feel even harder. That’s why we’re here—to support you every step of the way and help protect your rights.

Your first consultation with The Orlow Firm is completely free and confidential. If you or a loved one has been injured, call us today at (646) 647-3398 to speak with one of our dedicated personal injury attorneys. We’ll listen, answer your questions, and help you understand your options.

The Following People Contributed to This Page

Cindy Cordova

Legal Writer at The Orlow Firm | Website

Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.

Read More