SPOILATION (OF RECORDS)

The elements of a spoliation claim are

(1) the existence of a potential civil action;

(2) a legal or contractual duty to preserve evidence which is relevant to the potential civil action;

(3) destruction of that evidence;

(4) 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.

Continental Ins. Co. v. Herman, 576 So.2d 313, 315 (Fla.Dist.Ct.App. 1990); see Hagopian v. Publix Supermarkets, Inc., 788 So.2d 1088, 1091 (Fla.Dist.Ct.App. 2001). Plaintiffs must "demonstrate that [they] were unable to prove [their] underlying action owing to the unavailability of the evidence." Herman, 576 So.2d at 315.