All too often, a party’s position in litigation is impaired by the destruction, alteration or loss of crucial evidence during — and sometimes even before — litigation has begun. This is commonly referred to as “spoliation” of evidence.
Under Florida law, spoliation of evidence can lead to: 1) a cause of action in tort for either the intentional or negligent loss of evidence; 2) a defense to recovery; 3) the basis for a negative evidentiary inference or presumption; and 4) sanctions.
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