Product spoliation arises when the item at issue is discarded, repaired, destructively tested by one side, or otherwise altered before the opposing party can examine it. It may result from the incident itself, from repair, or from unilateral testing.
Remedies range from evidentiary instructions to exclusion of expert testimony that relied on the destroyed item, and in severe cases dismissal.
Alternative Names:
Product Spoliation, Loss of the Product
Why it Matters?
In product cases the physical item is usually the single most important piece of evidence, so its loss is more consequential than in most litigation. Plaintiffs who destructively test without notice face exclusion of their own expert's opinions, which frequently ends the case. This cuts both ways, and a manufacturer that scraps an exemplar or fails to preserve production records faces the mirror-image problem.
Frequently Confused with
Related terms
Frequently asked questions
Can a plaintiff's case be dismissed for destroying the product?
How should destructive testing be handled?
