Client Social Media Discovery for Plaintiff Attorneys

Case Law

Social Media Used as Evidence in Court Cases

Rhone v Schneider Nat’l Carriers, Inc., 2016 WL 1594453

In Rhone v Schneider Nat’l Carriers, Inc., evidence retrieved from the plaintiff’s social media sites contradicted her claims of physical injuries and impairments that resulted from a motor vehicle accident.

During the defendant’s private investigation, they found relevant information on the plaintiff’s public social media profiles. Although the plaintiff argued that the defendant violated her privacy rights, the Court found that such evidence was warranted due to the findings of the defendant’s independent investigation, which uncovered public photos and comments indicating that she was engaging in physical activities such as dancing, which contradicted her alleged physical injuries and impairments.

The Court held that because the plaintiff’s social media posts potentially undermined her physical complaints, the plaintiff was compelled to produce documents pertaining to both her public and non-public social media content.

Key Takeaways in This Case

  • A request for the production of social media evidence is warranted and relevant when social posts show the plaintiff is involved in activities that are inconsistent with their alleged injuries and impairments.
  • There are limitations to the disclosure of social media evidence and each case will be decided on an individual basis. Notably, the production of passwords is not permitted.
  • In all cases, the defendant’s request of social media evidence must be timely and limited. Typically, evidence produced must start only from the date of the accident.


How Private Footprint Helps Personal Injury Lawyers

Your clients’ social media activity may be a goldmine or a minefield. Private Footprint was developed by Personal Injury Lawyers to help plaintiff-only law firms gain immediate and ongoing visibility into their clients’ social media activity to protect and increase the value of their files. We’re also enabling paralegals and legal assistants to produce client social media reports in minutes, not hours. All this for only $100 per client (plus taxes) invoiced as individual receipts itemized for ease of tracking disbursements. No hidden fees, no subscriptions, no surprises.

Request a Demo to learn more about Private Footprint and how you can start protecting the value of your files.

Make Sure Your Clients' Social Posts Aren’t Damaging Their Files