“Spoliation of Evidence”
Published .
The general concept
Spoliation is the loss, destruction, or material alteration of evidence that should have been preserved because litigation was pending or reasonably foreseeable. The missing item may be a document, electronic data, a vehicle component, a medical device, surveillance video, or the physical scene itself. A party generally should take reasonable steps to preserve relevant evidence once it has notice of a potential claim.
How Maryland applies it
In Maryland, spoliation can affect discovery and the evidence presented at trial. Depending on the circumstances, a court may allow an adverse inference, restrict evidence, impose discovery sanctions, or in serious cases dismiss claims or defenses. The remedy is not automatic: courts consider relevance, the reason for the loss, the duty to preserve, prejudice, and the parties’ conduct. Merely learning that a camera did not record an incident, or that evidence is unavailable, does not itself establish spoliation. Maryland appellate decisions have also declined to recognize destruction of evidence as a separate tort that automatically creates a damages claim. Prompt preservation notices and documentation can prevent disputes about what existed and when it was lost.
Related Maryland Cases and Authorities
Klupt v. Krongard, 126 Md. App. 179 (1999).; Webb v. Giant of Maryland, LLC, 477 Md. 121 (2021).; Cumberland Insurance Group v. Delmarva Power Co., 226 Md. App. 691 (2016).