If you are involved in a Personal Injury suit, even the private content of your Facebook page may be used as evidence…
In a personal injury lawsuit in Lancaster County, Pennsylvania, a judge has issued an order to hire a “neutral forensic computer expert” to review the plaintiff’s Facebook account to see if there is evidence supporting her account of her injuries.
Ms. Grace Perrone claims that she slipped and fell in a puddle of liquid in an elevator at Lancaster Regional Medical Center and is suing the hospital as well as their housekeeping service for injuries she allegedly sustained to her knee and back as a result.
The judge’s order grants limited discovery for a neutral third-party to review activity on Ms. Perrone’s private Facebook page for the 17-day period after this alleged incident. Defense attorneys claim Ms. Perrone was photographed playing in the snow. They argued that these photographs show that she was able to engage in activities that would not have been feasible for someone with the type of injuries that Ms. Perrone claims she sustained. The defendants also claim these images show that the plaintiff had “no visible indications of pain whatsoever.”
The Legal Intelligencer reports: “Information available on a person’s public page, or lack thereof, has become the predominant standard among state judges in granting or denying access to a party’s entire private Facebook or other social media account.”
Ms. Perrone has argued that the photos and videos on her Facebook page were taken before the slip and fall incident. This means the Court will need to determine the dates on which the photos were actually taken as opposed to when they were actually posted on the social media site.
If you have been injured in a slip and fall accident in Middle Tennessee, call one of our experienced Personal Injury attorneys today to set up a free consultation. The Law Offices of James Flexer has 3 convenient locations in Nashville, Murfreesboro, and Columbia.