In some personal injury actions, parties involved may come to find certain pieces of key evidence were destroyed, altered or simply lost. This is referred to as “spoliation of evidence,” and because it can have such a profound impact on one side’s ability to prove its case, courts tend to respond rather harshly – regardless of whether the action was intentional.
In Florida, courts have consistently held sanctions for spoliation are appropriate. Courts will weigh the importance of the evidence, the impact on the aggrieved party and the intention of the party responsible. Possible sanctions include:
- Exclusion of expert testimony