When someone destroys evidence, it is known as “spoliation of evidence.” This is defined by New Jersey courts as “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” Mosaid Techs., Inc. v. Samsung Elecs. Co., Ltd., 348 F. Supp. 2d 332, 335 (D.N.J. 2004).
The consequences of destroying evidence in a personal injury case are severe. Courts may sanction the offending party. Under New Jersey law, each party is “under a duty to preserve what it knows, or reasonably should know, will likely be requested in reasonably foreseeable litigation.” Scott v. IBM Corp., 196 F.R.D. 233, 249 (D.N.J. 2000).
Furthermore, if the court finds the destruction of the evidence was so egregious, it may dismiss an action, exclude evidence, or allow the jury to infer the offending party was destroying evidence that would hurt them. The court may also impose attorney’s fees. Mosaid, 348 F. Supp. 2d at 335. The imposition of sanctions is “appropriate when there is evidence that a party’s spoliation of evidence threatens the integrity of this Court.” Mosaid, 348 F. Supp. 2d at 335.
Here at Ginarte, Gonzalez & Winograd, LLP, we provide high-caliber representation to New York / New Jersey personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost. You can also use our online contact form.