Note on First-Party and Third-Party Spoliation of Evidence Claims

Businessman taking note in office

There is an affirmative claim for third-party spoliation of evidence.

October 30, 2018
David Adelstein - Florida Construction Legal Updates

In an earlier posting, I talked about spoliation of evidence. This posting discussed first-party spoliation of evidence which is where a party in a lawsuit has destroyed or lost potentially important documents or evidence. This type of spoliation of evidence does not give rise to an affirmative claim, but could be addressed by the trial court imposing sanctions or giving the devastating adverse inference jury instruction.

Mr. Adelstein may be contacted at dma@kirwinnorris.com



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