Which applies to my situation?

[dwanb]

What is the name of your state (only U.S. law)? FL

I am currently facing a situation. Which definition applies to my situation?

Under Florida law, spoliation is established when the party seeking sanctions proves that: (1) the evidence existed at one time, (2) the alleged spoliator had a duty to preserve the evidence, and (3) the evidence was crucial to the movant’s prima facie case or defense. Golden Yachts, Inc. v. Hall, 920 So. 2d 777, 781 (Fla. 4th DCA 2006)

OR


The doctrine of spoliation arises when it is alleged that a crucial piece of evidence is unavailable because of the actions of one of parties. This tort consists of the following elements:
(1) the existence of a potential civil action; (2) a legal or contractual duty to preserve evidence that is relevant to the potential civil action; (3) the destruction of that evidence; (4) a significant impairment in the ability to prove the lawsuit; (5) a causal relationship between the evidence destruction and the inability to prove the lawsuit; and (6) damages. Cont’l Ins. Co. v. Herman, 576 So. 2d 313 (Fla. 3d Dist. Ct. App. 1990).

 

[Zigner]

What is the name of your state (only U.S. law)? FL

I am currently facing a situation. Which definition applies to my situation?

Under Florida law, spoliation is established when the party seeking sanctions proves that: (1) the evidence existed at one time, (2) the alleged spoliator had a duty to preserve the evidence, and (3) the evidence was crucial to the movant’s prima facie case or defense. Golden Yachts, Inc. v. Hall, 920 So. 2d 777, 781 (Fla. 4th DCA 2006)

OR


The doctrine of spoliation arises when it is alleged that a crucial piece of evidence is unavailable because of the actions of one of parties. This tort consists of the following elements:
(1) the existence of a potential civil action; (2) a legal or contractual duty to preserve evidence that is relevant to the potential civil action; (3) the destruction of that evidence; (4) a significant impairment in the ability to prove the lawsuit; (5) a causal relationship between the evidence destruction and the inability to prove the lawsuit; and (6) damages. Cont’l Ins. Co. v. Herman, 576 So. 2d 313 (Fla. 3d Dist. Ct. App. 1990).

Yes, definitely, except in certain situations, then no, definitely not.

 

[cbg]

Since you have given us no details about your situation, I am curious as to how you might expect us to know what law applies to it. Are we supposed to guess?

 

[dwanb]

Yes, definitely, except in certain situations, then no, definitely not.

Thanks for your response. In what situations the first one does not count? If it does not count, which one applies?

 

[quincy]

You are in luck, dwanb. Spoliation of evidence in Florida has been covered rather thoroughly in two threads - one just recently. Here are links to those threads:

https://forum.freeadvice.com/computers-software-internet-law-10/arguments-defend-614848.html

https://forum.freeadvice.com/libel-slander-defamation-88/plaintiffs-threats-607625.html

You can read through the information provided there - which includes numerous links to additional material on spoliation.

Here are two definitions for you to ponder:

spoliator: A spoiler or destroyer. It is a maxim of law, bearing chiefly on evidence, but also upon the value generally of the thing destroyed, that everything most to his disadvantage is to be presumed against the destroyer.

spoliation: The intentional destruction of evidence and when it is established, fact finder may draw inference that evidence destroyed was unfavorable to the party responsible for the spoliation. Such act constitutes an obstruction of justice.

Please see a lawyer in your area of Florida for advice and direction. Remember, spoliation of evidence is just one aspect in a case but it is not the reason a lawsuit was filed. The reason for the lawsuit is what needs to be concentrated on. If you can show the case has no merit, the spoliation of evidence threat should disappear.

Good luck.

 

[I'mTheFather]

Since you have given us no details about your situation, I am curious as to how you might expect us to know what law applies to it. Are we supposed to guess?

If you check Quincy's links, I think you'll know more than you want to know about the case.

 

[quincy]

If you check Quincy's links, I think you'll know more than you want to know about the case.

I am afraid that a certain poster is not getting the message that an attorney in Florida is the only one who can help with the defamation case. I am not sure how many different ways there are to deliver that message or how many more times the message needs to be delivered - but pretty much all that can be said about spoliation of evidence has been said.