In Richards v. Hertz, the plaintiff claimed she sustained injuries in a motor vehicle accident that impaired her ability to play sports. After finding a publicly shared photo on Facebook of the plaintiff skiing after the accident, the defendants sought to have the social media postings admitted as evidence.
In Raikou v. Spencer, social media evidence was used to undermine the plaintiff’s credibility to bolster the claim that the plaintiff tended to exaggerate the extent of her injuries. The plaintiff claimed damages for injuries sustained in a motor vehicle accident. As a result of the ongoing pain, she claimed that she was unable to participate in many of the activities she did prior to the accident.
Florida Court states potential relevancy of photographs on social media outweigh burden of production or privacy interest
In Davenport v. State Farm, the court in Florida allowed plaintiff’s social media photos as evidence in a personal injury case. The plaintiff argued that the discovery request is “not reasonably calculated to lead to the discovery of admissible evidence when the request is overly broad and improperly invades the plaintiff’s privacy.”
The plaintiff alleged that the accident caused her to suffer a loss of everyday pleasures and enjoyment of life due to “permanent limitations due to the pain, discomfort, and inconvenience to her back, neck, and body.”
Private Footprint is proud to be a sponsor of the Trial Lawyers Association of BC (TLABC) seminar to be held virtually on February 19th. This year’s seminar is only available to TLABC members who limit their practice in the area of personal injury or wrongful death to working exclusively for plaintiffs.
In M.J.M v A.D., social media posts were used to establish that the father could not act as a principled-decision maker for his child, despite seeking primary guardianship.