Adverse Inference and Spoliation Sanctions in Florida
An adverse inference sanction permits a Florida court or jury to presume that destroyed or missing evidence would have been unfavorable to the party responsible for its destruction. This sanction addresses spoliation, the intentional or negligent destruction of relevant evidence.
When Spoliation Sanctions Apply
Florida courts require three findings before imposing spoliation sanctions: the party had a duty to preserve the evidence (which arises when litigation is pending or reasonably anticipated), the evidence was relevant to the claims or defenses, and the destruction was intentional or the result of negligent failure to implement a litigation hold. Courts consider proportionality: severe sanctions like dismissal are reserved for willful, bad-faith destruction.
Types of Sanctions
Florida courts have a range of remedies for spoliation. The least severe is an adverse inference instruction to the jury. More significant sanctions include exclusion of related testimony, preclusion of claims or defenses that the destroyed evidence would have supported, monetary sanctions, and in extreme cases, dismissal of the spoliating party's case or entry of default judgment against them.
Related Terms
Barnes Walker Litigation
Barnes Walker handles complex litigation involving evidence preservation and spoliation disputes in Florida courts. Contact our team for litigation strategy guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC