Spoliation of Evidence in Florida: What You Need to Know
If you are involved in a lawsuit in Florida, whether as a plaintiff or a defendant, you need to understand what spoliation of evidence is and how it can affect your case. At My Affordable Attorney, we help clients throughout Central Florida protect their rights by ensuring critical evidence is preserved and available when it matters most.
What Is Spoliation of Evidence?
Spoliation refers to the loss, destruction, or alteration of evidence that may be relevant to a legal claim. This may include physical items like documents or car parts, or digital materials such as emails, text messages, surveillance footage, or metadata. Spoliation can happen through negligence or intentional conduct. In Florida, the courts may impose serious consequences if one party is found to have spoliated evidence.
Legal Duties to Preserve Evidence in Florida
In Florida, there is no general common-law duty to preserve evidence. Instead, a duty arises when:
- A statute or regulation imposes preservation requirements
- A contract between the parties includes preservation obligations
- A discovery request or court order requires the evidence to be retained
Once litigation becomes reasonably foreseeable, parties must take reasonable steps to preserve relevant evidence. Failure to do so can severely damage a party's credibility and position in the case. See Martino v. Wal-Mart Stores, Inc., 908 So. 2d 342 (Fla. 2005).
Spoliation in Personal Injury and Accident Cases
In personal injury claims, including automobile accidents, slip and falls, and premises liability matters, evidence preservation is critical. Examples include:
- Surveillance video of a fall in a store or parking lot
- Maintenance records from property owners
- Vehicle damage photos and repair estimates
- Black box data from automobiles
If a business or property owner destroys video footage or other material evidence before a plaintiff can inspect it, courts may allow the jury to infer that the evidence would have been unfavorable to that defendant. See Golden Yachts, Inc. v. Hall, 920 So. 2d 777 (Fla. 4th DCA 2006).
New Rule: Florida Rule of Civil Procedure 1.380(e)
Effective January 1, 2025, Florida adopted a new rule regarding electronically stored information (ESI). Florida Rule of Civil Procedure 1.380(e) closely mirrors Federal Rule 37(e). Under this rule, if ESI that should have been preserved is lost due to a party's failure to take reasonable steps, the court may order sanctions. More severe remedies, such as jury instructions or dismissal of claims, apply if the loss was intentional and prejudicial.
This rule makes it more important than ever for litigants to implement proper data preservation protocols as soon as litigation is anticipated. Florida Rules of Civil Procedure, Rule 1.380(e)
Consequences of Spoliation
Florida courts may respond to spoliation in several ways:
- Exclude or limit testimony related to the missing evidence
- Instruct the jury that it may presume the missing evidence was unfavorable to the responsible party
- Award attorney’s fees and costs associated with the spoliation
- In extreme cases, dismiss claims or defenses altogether
These remedies have been recognized and applied in numerous Florida decisions, including Martino and Golden Yachts.
Third-Party Spoliation
Florida also recognizes third-party spoliation claims. These arise when someone who is not a party to the lawsuit (such as a tow company, landlord, or insurer) negligently or intentionally destroys evidence critical to a litigant's case. In such situations, a separate civil claim may be brought against the third party responsible. See American Hospitality Mgmt. Co. of Minnesota v. Hettiger, 904 So. 2d 547 (Fla. 4th DCA 2005).
For further analysis, see the Florida Bar Journal article, "Spoliation of Evidence and Non-Party Witnesses," available at Florida Bar Journal.
Preventing Spoliation: Practical Tips
If you are involved in or anticipate a legal dispute:
- Save all photos, documents, videos, emails, texts, and other materials related to the incident
- Do not delete or modify any files, messages, or social media posts
- Alert your attorney immediately so they can issue preservation letters if needed
- Identify any third parties who may possess relevant evidence
- Create backups of important digital files
Serving Daytona Beach, Volusia County, and Central Florida
At My Affordable Attorney, we represent clients across Central Florida, including Daytona Beach, Deltona, DeLand, Palm Coast, Sanford, and Orlando. We know the local courts, the rules of evidence, and how to protect your case when critical information is at stake. Whether your case involves a car crash, slip and fall, or insurance dispute, our team is ready to take immediate steps to prevent spoliation and preserve your legal rights.
Contact Us Today
If you believe someone has destroyed evidence relevant to your case, or you have been accused of failing to preserve material evidence, contact My Affordable Attorney for a free consultation. We are available 24 hours a day, 7 days a week, and we serve clients throughout Florida.