Can Facebook Posts Be Used in a Personal Injury Lawsuit?

Glenn Taylor

Can a simple video or social media post ruin your chances of winning a personal injury lawsuit? It can if you commit a felony, video it, then post it on Facebook. Especially if the video shows that you aren’t quite as disabled by an injury as stated in the lawsuit you filed the month before. Does this sound too far-fetched? It actually happened to Glenn Taylor this week, after he posted a video of himself and his son topping a possible 200-million-year old rock formation in Goblin Valley State Park.

Roger Booth, a personal injury lawyer operating in California writes:

“Because so many people use various forms of social media on a daily basis, running a social media search of clients (not to mention potential clients), other parties and witnesses is now considered the minimum level of due diligence expected of a competent litigator. Failure to do so exposes an attorney to a claim of malpractice. Even a quick check of someone’s Facebook page may reveal public information that can break a case. For example, the Facebook page of the plaintiff who testified in deposition that she has barely left her home in two years because of the physical and emotional effects of her injuries shows photos of her gallivanting all over town and statements about how much she is enjoying herself.”

Even an innocently posted status, can destroy a personal injury lawsuit if it is distorted by the defense. For a more detailed answer, and advice on preventing this issue in your personal injury lawsuit, check out the complete article, “The Facebook Defense.”

Image via NY Daily News