It certainly does, as Sofya Reznik learned when she sued American Honda in New Jersey for alleged product liability and personal injuries. She claimed the company defectively designed and manufactured her Acura’s seatbelt and airbag, which in turn exacerbated injuries she sustained in an accident with another vehicle. That collision resulted when Sofya made an unsafe left turn, according to the court, leaving her with little claim against the other driver. She immediately contemplated a lawsuit against Honda, yet she did not preserve the car or the seatbelt as evidence or for inspection by Honda. The lower court dismissed her lawsuit, and the appellate court affirmed. Here’s why.
After the accident Sofya was transported for medical care. Her friend retrieved her personal items from the Acura, and claims to have noticed the driver’s side seatbelt was torn and hanging from the driver’s side window. An EMT who assisted Sofya stated that if he had seen a torn seatbelt, it would be mentioned in his report. It was not. Nor could he say whether a first responder cut the belt to help extricate her from the car. He did observe that the driver’s airbag had deployed. No photographs were taken of the Acura or the allegedly defective seatbelt.
Then Sofya made it worse. She accepted a “total loss” payment from her insurance company but took no steps to preserve the Acura or the seatbelt. Eventually it was sent out of the country and could not be retrieved. As her lawsuit proceeded, Honda moved for dismissal, both because Sofya could not prove any defect, and the failure to preserve the evidence warranted sanctions for spoliation of evidence. The trial court found that Sofya had a duty to preserve the evidence. That duty arose the day after the accident, when she determined to sue Honda. The Acura was needed to prove her case and to allow Honda to inspect it and defend the case. The trial court held that the absence of the evidence was probably fatal to her case, ordering dismissal of the lawsuit. Sofya appealed.
The appellate court took spoliation a step further. It held that it does not matter that Sofya may not have intended to frustrate Honda’s defense. It was enough that she was negligent in failing to preserve the Acura, as she knew she planned to sue Honda and gave no explanation for doing nothing to preserve it. The prejudice to Honda’s defense “was so significant that dismissal was the only option.” The dismissal was with prejudice.
The case of Reznik v. American Honda Motor Co., decided September 1, 2020, reminds us that principles of spoliation of evidence apply to defendants and plaintiffs alike. The obligation to preserve evidence arises as soon as one has reason to believe that a claim or litigation may result, for or against that party, from an event, breach of contract, or other potentially culpable conduct or omission.