Evidence is the backbone of justice. It’s what separates truth from denial, accountability from avoidance. Every lawsuit, whether it’s a car crash, workplace discrimination, or a civil rights violation—depends on one thing: proof.

Documents. Videos. Emails. Data.

Without them, the truth gets buried.

But here’s the reality most people don’t see until they’re in the middle of a case, evidence doesn’t always stick around. Surveillance footage gets “overwritten.” Emails disappear. Reports go missing. And in that moment—when evidence is destroyed, altered, or hidden, the entire case can shift.

At Marko Law, we’ve seen it firsthand. And when it happens, it’s not just frustrating, it’s a direct threat to justice.

What Is Spoliation of Evidence?

Definition of Spoliation

Spoliation of evidence is the legal term for what happens when critical evidence is:

• Destroyed
• Altered
• Lost or not preserved when it should have been

This applies across the board:

• Physical evidence (damaged equipment, defective products)
• Documents (medical records, employment files)
• Digital data (emails, text messages, surveillance footage)

And here’s the key point: spoliation doesn’t always require bad intent.

• It can be intentional, a deliberate effort to hide the truth
• Or negligent, a failure to preserve evidence when there was a legal duty to do so

Either way, the consequences can be severe.

When the Duty to Preserve Evidence Begins

Many people assume evidence only needs to be preserved after a lawsuit is filed. That’s not true.

The legal duty begins when litigation is:

• Pending, or
• Reasonably anticipated

That means the moment someone knows, or should know, that a legal claim may arise, they are required to preserve relevant evidence.

This applies to:

• Individuals
• Businesses
• Hospitals
• Government entities

One of the most important tools here is a litigation hold:

• A formal directive to preserve all relevant evidence
• Prevents deletion, destruction, or alteration of key materials
• Often issued by companies once they become aware of potential legal action

Failure to implement a litigation hold? That’s where serious problems begin.

Types of Evidence Commonly Destroyed

Spoliation shows up in real, tangible ways, and often in the evidence that matters most.

Common examples include:

• Surveillance footage
  
  • Slip and fall incidents
  • Workplace accidents
  • Police or security video
• Emails, texts, and digital communications
  
  • Internal discussions
  • Admissions of fault
  • Discriminatory or retaliatory messages
• Medical records or employment files
  
  • Treatment history
  • Performance reviews or complaints
• Vehicle data (black box/Electronic Control Modules)
  
  • Speed, braking, and crash data
  • Critical in car and truck accident cases
• Internal company reports or complaints
  
  • Prior incidents
  • Safety violations
  • HR investigations

When this kind of evidence disappears, it’s not just inconvenient—it can change the outcome of a case entirely.

Why Evidence Gets Destroyed

Intentional Destruction (Bad Faith)

Let’s be direct, sometimes evidence is destroyed on purpose.

Why?

• To cover up wrongdoing
• To avoid liability or financial exposure
• To eliminate damaging communications before they’re discovered

This is what courts call bad faith spoliation and it can trigger the harshest penalties.

Because when someone actively tries to hide the truth, they’re not just breaking rules, they’re undermining the entire legal process.

Negligent or Reckless Destruction

Not all spoliation is intentional—but that doesn’t make it harmless.

Negligence can look like:

• Poor recordkeeping systems
• Failure to follow preservation protocols
• Lack of internal communication about legal risks

Or systems that automatically destroy evidence:

• Email servers that delete messages after a set period
• Surveillance systems that overwrite footage
• Data logs that are routinely purged

If a company knew, or should have known—that evidence needed to be preserved, negligence can still carry serious consequences.

Corporate Practices That Lead to Spoliation

In many cases, spoliation isn’t just about one bad decision, it’s about broken systems.

We see it when companies:

• Fail to train employees on evidence preservation
• Don’t issue litigation holds when incidents occur
• Prioritize internal damage control over legal compliance

The result?

A pattern of lost, missing, or destroyed evidence that puts victims at a serious disadvantage.

Legal Consequences of Spoliation

Court-Imposed Sanctions

Judges have broad authority to punish parties who destroy or fail to preserve evidence.

These penalties can include:

• Fines and monetary sanctions imposed directly by the court
• Payment of the opposing party’s legal fees and costs
• Contempt of court findings, which can escalate the seriousness of the violation

These sanctions are designed to do one thing: restore fairness. When one side destroys evidence, the court steps in to level the playing field.

Adverse Inference Instructions

One of the most powerful consequences of spoliation happens in front of a jury.

Courts may issue what’s called an adverse inference instruction, meaning:

• The jury is told it can assume the destroyed evidence would have been unfavorable to the party responsible

That single instruction can shift the entire case.

• It damages credibility
• It raises suspicion
• It strengthens the opposing party’s position, without the evidence even being present

In many cases, this alone can be devastating to a defense.

Case-Ending Consequences

In the most serious situations, spoliation can end a case entirely.

Courts may:

• Dismiss claims or defenses outright
• Enter a default judgment against the party who destroyed evidence
• Strike key evidence or testimony, weakening or eliminating a party’s ability to argue their case

These are not minor penalties. They are outcomes that can determine who wins—and who loses—before the full story is ever heard.

Criminal Implications (In Extreme Cases)

When evidence destruction crosses the line into intentional misconduct, it may trigger criminal consequences.

These can include:

• Obstruction of justice
• Fraud or perjury-related charges
• Additional criminal penalties beyond civil liability

At that point, it’s no longer just about a lawsuit—it’s about accountability under the law.

Michigan Law on Spoliation of Evidence

Michigan Court Rules and Case Law

Under Michigan law:

• Courts recognize spoliation as a serious violation of the litigation process
• Judges have the authority to impose sanctions, evidentiary rulings, and corrective measures

Michigan courts focus on fairness, ensuring one party doesn’t gain an advantage by destroying critical proof.

Remedies Available to Victims

If evidence in your case has been destroyed, you are not without options.

Courts may provide remedies such as:

• Adverse inference jury instructions
• Sanctions against the party responsible
• Allowing additional arguments or claims tied to the missing evidence

These remedies are designed to restore balance and protect your ability to pursue justice.

Burden of Proof

To establish spoliation, certain elements must be shown:

• The evidence existed and was relevant to the case
• It was destroyed, altered, or not preserved
• The responsible party acted with intent or negligence

This is where experienced legal representation matters. Proving spoliation isn’t always straightforward, but when done correctly, it can significantly strengthen your case.

What You Should Do If You Suspect Evidence Is Being Destroyed

Act Immediately

The sooner you act, the better your chances of preserving what still exists.

• Evidence can be overwritten, deleted, or lost quickly
• Early legal intervention can stop further destruction

Document Everything

Start building your own record right away:

• Take screenshots of messages, emails, or online content
• Save copies of any documents you have access to
• Write down timelines, conversations, and observations

Even small details can become powerful evidence later.

Preserve Your Own Records

Protect what’s in your control:

• Do not delete emails, texts, or files
• Back up important communications
• Keep physical documents in a safe place

Your records may become the foundation of your case.

Avoid Direct Confrontation

It may be tempting to call out the other party—but that can backfire.

• They may accelerate destruction of evidence
• They may become more defensive or less cooperative

Let your attorney handle communication strategically and legally.

Contact an Experienced Attorney Immediately

This is the most important step.

An experienced attorney can:

• Send preservation letters immediately
• Secure evidence before it disappears
• Launch investigations and legal action
• Protect your rights from the start

At Marko Law, we move fast because we know the other side often does too.

Justice Depends on the Truth—And the Truth Depends on Evidence

When evidence is destroyed, justice doesn’t just take a hit, it’s fundamentally compromised. The legal system is built on facts, documentation, and accountability. Remove that foundation, and the entire case can collapse.

Destroying evidence isn’t just unethical it strikes at the very core of fairness. It tilts the playing field, leaving victims at a serious disadvantage while allowing those responsible to hide behind missing proof.

And courts recognize that.

Contact Marko Law for a Free Case Evaluation

If you believe evidence in your case has been destroyed, altered, or hidden, you need to act now. These cases move fast—and so do the people trying to cover their tracks.

At Marko Law, we know how to uncover the truth, hold bad actors accountable, and fight for the justice you deserve. Our team has secured powerful results in complex litigation and is ready to take on your case.

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/