Levine v. Culligan 2013 WL 1100404
In Levine v. Culligan 2013, a slip and fall accident led the plaintiff to take legal action against Culligan of Florida after slipping on water leaking from one of their bottles. The plaintiff alleged that the defendant negligently delivered the defective water bottle to her place of work, which caused her to sustain permanent physical injuries, pain and suffering, mental anguish, and loss of earnings.
Before this case, no Florida appellate Court had addressed discovery requests for social media content. However, Such a basis can be made if the content of a public profile contains information that suggests that access to private content is relevant.
However, the defendant did not present information from the plaintiff’s public profile that would suggest relevant information contradictory to the plaintiff’s claims was contained within their private profile.
- It is not necessary that a plaintiff possesses a public profile before the defendant is given access to its private portions, but the defendant must reasonably prove that the private contents are relevant to the case.
- The existence of a plaintiff’s public social account does not mean the Court should assume that relevant information is contained on their private profile.
- Information is relevant when it contradicts the plaintiff’s claims of sustained injuries.
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