Case Note: Litigating Third Party Spoliation of Evidence Claims in Florida
The duty to preserve evidence relevant to a case can apply before a complaint is ever filed and before an action exists, and is triggered once litigation is reasonably anticipated. The duty to preserve evidence extends to any evidence that the party knows, or reasonably should know, is relevant to the anticipated litigation. Sanctions for spoliation can include the impositions of a presumption and shifting of the burden of proof or monetary sanctions. When evidence is destroyed, it can seriously affect an aggrieved party’s ability to obtain legal redress; thus, knowledge of spoliation law and claims is of fundamental importance in the litigation process.