Florida Supreme Court – No Independent Cause of Action for Spoliation of Evidence

The Florida Supreme Court has held that a person may not file a spoliation of evidence lawsuit against an adversary who has lost evidence concerning his or her personal injury claim. However, the trial court may give an adverse inference instruction on the point. Read the opinion here.

This decision is consistent with the law of most jurisdictions.

Thanks to Abstract Appeal for advising us about this decision.

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