Social Media Photos Not Off Limits in Personal Injury Lawsuits
Beware what you post on Facebook, especially if you are in the midst of an injury lawsuit. Last month, a Florida appeals court ordered a woman who sued Target for personal injuries to turn over pictures she had deleted from her Facebook account. According to the court, users of social media should not expect information posted on social media sites to remain private.
The woman who is suing Target deleted photos from her Facebook profile two days after she was asked to share them with Target.
Target tried to compel production of the photos, and the woman again refused to produce them. Target argued that it should be allowed to see the photos because it would allow the company to compare the woman’s current physical condition to her physical condition and quality of life before the incident.
The court found that even though the woman’s Facebook account was “private” the relevancy of the photos was greater than her minimal privacy interest in them.
There are many things that individuals think they can or cannot do when it comes to their Facebook, Twitter, Instagram, or other social media accounts. Your account may be set to “private,” but if you are involved in a personal injury lawsuit, a court order you to reveal the contents of your social media to your adversary, especially if they are relevant to the suit.
Use Social Media with Care When Involved in a Negligence Suit
Being aware of what you post to your social media accounts is especially pertinent when it comes to negligent claims. Oftentimes, you will be asking for damages that encompass medical bills and the cost of future medical treatment. You may even be asking for compensation for a permanent injury or loss of ability to work.
The individual or entity that you are suing may want to see your social media accounts to ensure that you truly are as injured as you say.
If you have been injured due to someone’s negligence and are seeking compensation for your injuries, it is important to hire a personal injury attorney experienced in handling these types of cases. The attorneys at Bertoldo, Baker, Carter & Smith have been negligence claims for many years, and we have secured many positive jury verdicts and settlements for our clients.
For a free initial consultation on your claim, we welcome your call to our office at 702-228-2600.