Title: Spoliation of Evidence: A Double-Edged Sword – The Florida Bar
Headings: Florida Bar Journal
Florida Bar Journal
Spoliation of Evidence: A Double-Edged Sword

Content: 3) the practical importance of the evidence; 4) the good faith or bad faith surrounding the loss of the evidence; and 5) possible abuse if the evidence is not excluded. 4 In some instances, the court may determine that the violation deserves the harshest sanction possible, dismissal or striking of defenses, while in others the court may fashion some other remedy. 5
The second use of spoliation is as a separate cause of action. It must be distinguished from the discovery sanction of spoliation, as it usually involves different parties. In the cases discussed above, for instance, some evidence was lost by an expert for one of the parties. That loss may result in a discovery sanction against the party for the negligence of its expert. In the second type of claim, a cause of action for spoliation of evidence might be brought by the party sanctioned against the person who destroyed or lost the evidence. The claim would be that the expert’s negligence prevented the party from defending itself.