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New Social Media Case Law May Influence Your Legal Claim

| May 28, 2015 | Uncategorized

In case you were not aware, please know that anything you post on social media may be admissible in court.  According to a recent technology-focused website, there have been two recent court cases in the United States that have changed the way that we may use social media as court evidence in the future.  One such case in Florida, Nucci vs. Target Corp., found that social media posts and photographs are considered relevant and admissible evidence.  Another case in Louisiana, Crowe vs. Marquette Transportation Co. Gulf-Inland LCC, stated that “Crowe’s efforts to avoid producing this material (his Facebook page) have unnecessarily delayed these proceedings and have wasted the time of his opponent and this Court.”.    Both cases involved personal injury litigation.  

Social media use has many implications for clients pursuing a personal injury claim.  Similar to applying for a job or being an employee within a company, your social media activity is not as private or as protected as you may think.  For example, an innocent picture of you enjoying a short walk after your accident may be misconstrued as a full and complete recovery.  Additionally, posts/comments from friends suggesting that you’re healthier than you really are may come across as you being insincere about your injury as well.  Social media may become dangerous for a case when certain pictures or comments are taken out of context and may be used against you.  For this reason, if you are hesitant about posting a picture or writing a comment that you feel may be used against your case, use discretion and do not post that item.  It may be even be better to not discuss your injury, and especially your legal claim, over Facebook at all.  The only way to keep your personal life as private as you want it to be is to not post anything you wouldn’t want everyone to know about.

If you would like more information about this page or central Pennsylvania attorney Doug Stoehr‘s areas of practice, contact our Altoona, Pennsylvania, law firm by calling 814-515-9074.