Spoliation of Evidence Can Ruin the Defense or Prosecution of a Case

The following is a solid article on how the State of Florida viewed spoliation sanctions as of 2007. The reality is spoliation law is constantly evolving. We wrote an article on a groundbreaking Georgia case of Phillips v. Harmon, 297 Ga 386 (2015) wherein the Court said that there are certain circumstances from which a possessor of evidence should know that litigation is possible and evidence should be preserved. These include:

• The nature of the injury;
• How clear is liability for the injury;
• Whether the injury would lead to substantial financial damages;
• The past dealings between the parties and their litigiousness;
• How common is litigation in these circumstances