I have been injured I need more information I need someone to fight for me

SOCIAL NETWORK POSTINGS

ATTENTION FACEBOOK, MYSPACE AND SIMILAR SOCIAL NETWORKING USERS - WHAT YOU SAY ON THE WEB, IN EMAIL, AND YOUR POSTINGS ARE SUBJECT TO COMPELLED DISCLOSURE - BEWARE!!!

We all love posting our friends and family photos of good times we had on Facebook or You Tube. We provide updates on our health, our social life and what we really do at work. We also use our Yahoo, Google or other email accounts to vent our frustrations with our jobs, what we enjoy doing and discuss our personal and private life in general.

But is it private? This is a particularly important question if you have a lawsuit claiming personal injuries. And the answer, essentially, is NO - WHAT YOU POST IS NOT PRIVATE.

There have been a series of cases that hold that what you say in email or post on a social networking site is not private, privileged or protected from you having to disclose it to the defendant or insurance company you have sued. So, beware. If you claim you are so injured that you can’t get out of the house, or walk and stand for more than five minutes, but you post pictures of you at Joe’s Bar and Grill doing the disco with the caption, "Boy did I get Trashed Last Night!" that can be found out by a thorough investigation, and you can be compelled to disclose those postings. You must understand that plaintiffs who place their physical condition in controversy (such as when you claim an injury to your body as a result of someone else’s negligence) may not shield from disclosure material which is necessary to the defense of the action. This includes written documents, photographs, videos, Hoenig v Westphal, 52 N.Y.2d 605, 422 N.E.2d 491 (1981), and now, electronic communications you post on the web.

This is an emerging area of evidentiary law, but recent cases almost unanimously hold that you have no privacy interest in what you post to public web sites and there is no ‘privilege’ prohibiting ‘discovery’ of your postings. Several decisions hold that the defendant/insurance company cannot compel Facebook or YouTube to disclose what you posted, but other cases hold to the contrary. However, what is most important, is that you can be compelled to provide to the insurance company those things you posted. See, Flagg v. City of Detroit, 252 FRD 346 (E.D.Mich. 2008); Viacom International, Inc. v. YouTube, Inc., 253 FRD 256 (SDNY 2008); Infinite Energy, Inc. v. Thai Heng Chang, 20808 U.S. Dist Lexis 88084, 2008 WL 4098329 (NDFl 2008); Crispin v. Christian Audigier Inc., 2010 U.S.Dist Lexis 52832, 2010 WL 2293238 (C.D.Cal 2010). A recent case in a New York trial court agrees with these holdings that Social Networking site postings are discoverable. Romano v. Steelcase, Inc., 2010 N.Y. Misc. LEXIS 4538 (Supreme Nassau 2010).

What can/should you do? Hofmann & Schweitzer recommends that 1) you terminate your Facebook, Twitter, YouTube accounts, 2) if you are unwilling to do that, make sure you don’t post anything that would undercut your case and 3) make sure that your spouses and friends are not photographing or discussing you in ‘compromised’ situations.

What things can compromise you? Certainly videos of you doing strenuous activities that you claim in your lawsuit you physically are incapable of doing, or out celebrating with a few beers, laughing and having a good time when you contend that your life has been relegated to being a shut-in and that you are miserable all the time. Basically, be smart. What would you, as a juror, hearing about your case, think would be a stupid thing to see for someone claiming that they are badly hurt? If it is something you are posting, you better believe that the jurors or judge for your case will think so too.


Contact Form

Name *

Phone *

Email *

Tell us more *


New York Office of Hofmann & Schweitzer
360 W. 31st Street
New York, NY 10001
Phone: 212-465-8840
Toll Free: 1-800-3-MAY-DAY (362-9329)
Get Directions

New Jersey Office of Hofmann & Schweitzer
1130 Route 202 South, A7
Raritan, NJ 08869
Phone: (908) 393-5662
Toll Free: 1-800-3-MAY-DAY (362-9329)
Get Directions

Video Library

General:

View All

FAQ

General

View All

©2012 Hofmann & Schweitzer, All Rights Reserved, Reproduced with Permission Privacy Policy
Attorney web design by Foster Web Marketing, the best attorney website design solution on the Web offering search engine optimization for attorneys, lawyer website design, video for attorneys, and more.
Get SEO Tips from The Attorney Internet Marketing Blog