Great new for all Social Media (Facebook, Twitter, Linkedin, Instagram, etc.) – Florida Court protects posts ruling them irrelevant. Throughout the past few years, Courts throughout the United States have ruled that social media posts are fair game and “discoverable” during litigation. On February 5, 2014 the 2nd DCA held in Root v. Balfour Beatty Construction, LLC that although social media posts are discoverable, the party requesting the information still has to prove that the information requested is relevant and not just simply a “fishing expedition.”
Now, it is clear that the Court is stating that a party that is requesting these Social posts has to prove that the information that they are requesting needs to be relevant to the case. Do not mistake this ruling for any blanket protection of social media posts if you are a party in a lawsuit. In personal injury cases, arguing that social media posts are relevant and reasonably calculated to lead the discovery of admissible evidence can be rather easy with good lawyering.
All Social Media users should always beware ( yes we know you have heard this warning before)… be careful what you post. It may pop up later. Although, many people know that it may hurt your prospects of getting a job or getting into the right college, if you are involved in a lawsuit, it can damage your case … A picture is worth a thousand words.
Personal Injury lawsuits frequently have discovery requests for Social Media posts from Facebook and Instagram. The attorneys at Jeffrey R. Davis, P.A., a Miami Personal Injury law firm, specialize in personal injury cases. We pride ourselves in communicating with our clients and putting our clients first. Jeffrey R. Davis has been practicing personal injury law for over 25 years. Olga Porven, a former insurance defense attorney, has the insight into what the insurance companies strategies are in defending personal injury cases, including seeking Social mediation information.
If you or a loved on have been injured as a result of the negligence of another, contact us for a free consultation or call us at (305) 577-3777.