03 Feb EVERYTHING YOU POST ON SOCIAL MEDIA, EVEN DELETED ITEMS, IS “DISCOVERABLE” IN A PERSONAL INJURY CASE
The Terms and Conditions of every social media site, including Facebook and Instagram, contain provisions that say everything you write is no longer private information. Consequently, courts allow the parties involved in lawsuits to request the social media data files of the opposing party, to see whether there are photos, comments or other information contained in the data file that would lead to admissible, relevant information for the lawsuit. The most basic example is the person claiming serious injuries from an automobile collision, yet photos emerge from Facebook, showing the person hiking mountains in Switzerland three months after the collision, or dancing on the bow of a boat etc… The injured person may be in extreme pain making it up the mountain, but the photo will not show that; and the person on the bow of the boat may have only been able to stand there for 1 minute due to pain, but the photo doesn’t show that. Therefore, prudence when posting photos and other information to social media sites following injuries is of great importance.