Facebook and other social media sites can be an excellent tool for connecting with people. However, if you are not careful, they can be a weapon that the defense can use against you in your personal injury case as well. Appellate division cases in both the First and Second Departments have allowed discovery of relevant Facebook page material.
In a recent case, Lopocaro v. City of New York, 2012 WL 1231021, the New York Supreme Court held that privacy settings do not protect posts from being used against you in court. The same standards apply to social media site postings as to other material. They are discoverable if “material and necessary in the prosecution or defense of an action”. CPLR § 3101(a). Even deleted posts may be retrieved and used.
If you are involved in a personal injury case, it is very important that you do not post, or delete as soon as possible if you have already posted, any and all material that could be interpreted as contradicting your claims.
For example, if your claim states that you are not able to do many activities that you did before your accident, do not post photos of or write about vacations, playing sports, going out, etc. It is also advisable not to post any morally questionable material such as pictures of excessive drinking or using any illegal substances.
If you have any questions, feel free to call an attorney at SILER & INGBER, LLP AT 1-877-529-4343 for a FREE CONSULTATION.
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