The word spoil or spoiled is commonly used in non-litigation contexts.  Food spoils if it needs to be refrigerated and is not.  Paint spoils if the can if left open.   In the litigation context, a spoliator is a party that failed to preserve evidence that was demanded in litigation or fails to preserve relevant evidence for litigation that is reasonably contemplated.  What is not commonly understood is that in some State and Federal Courts, a party who spoils evidence may be severely sanctioned even if the loss of the evidence resulted from carelessness.

Where relevant evidence is spoiled, the jury may be invited to infer that the evidence lost was unfavorable to the party who failed to preserve it, with the prospect of devastating results on the outcome. 

Posted by Mariqus Alexander at 06/24/2008 10:29:27 AM