06/02/2016
Facebook and other social networking websites have become so common that virtually everyone has one. What many learn, only after it is too late, is that their posts of photos and written messages can be used against them in the court of law as admissions against interest.
Lately, it seems like most of the cases I have been involved with have some form of discovery of a party or witnesses pages. Insurance defense lawyers boast during seminars about the fact that they actually pay computer experts to find these posts, even if the pages are restricted or had been previously deleted. Once out on the web, it is virtually impossible to truly hide or delete anything you post.
As an example, in an automobile case an innocent post of a photograph showing a father, who is still undergoing treatment and unable to return to work, walking at Disneyland on a vacation with the family can cause great harm to the person's credibility with the jury and the value, if any, placed upon their case for damages. It is very difficult to explain that the injured client had to take prescription pain medication in order to merely walk and despite doing so had to sit frequently to make it through the day and that the only reason he endured the pain was to allow his kids to enjoy the vacation the family had planned and paid for before someone ran a red light colliding into his vehicle just a few months before. Such a photograph could mean the difference between getting properly compensated by a jury or receiving injustice just because of a photograph does not show the entire picture of one's life.
Another example, is in divorce cases. Posts among friends which contain slightly off color humor, or pictures of an individual in a state of intoxication can and have been used to allege that it is a reflection of the person's parenting ability (or lack thereof) or displays a problem with alcohol. Again, such posts could be taken out context by a Judge who only sees the parties at hearing or a trial for a small period of time and has to make judgments based upon what is presented.
In every case that I take I address with my clients whether they have social media pages and what they contain. Growing up I remember being told "to act as if I was being watched by someone all the time". With my clients I tell them that before hitting "publish" for any post to consider: is this something I would want a Judge or jury to see?
Litigation is hard enough these days, do not make your case any harder by being caught off guard by your own facebook posts.