Can Your Facebook Posts Be Used Against You in a Florida Personal Injury Case?

by Carmen Dellutri on June 14, 2011

Sarasota personal injury attorneyThe short answer is that pictures and other content posted on social networking sites like Twitter and Facebook may be fair game in a Florida personal injury case. Although Florida courts have not yet addressed the issue, recent court decisions from across the country suggest that social media content is admissible if it is relevant to the case.

Most recently, a Pennsylvania judge ruled that attorneys could use Facebook posts to dispute a worker’s claim that he suffered embarrassment and lost wages because of a workplace accident.

The worker, Rane Zimmerman, of Florida, claims that the leg injury has left him in pain, unable to “enjoy life and life’s pleasures” or wear shorts because of an embarrassing scar, the Daily Item reports.

However, pictures Zimmerman posted on the public portion of his Facebook page show him wearing shorts that reveal the leg scar and riding a motorcycle. On the basis of this evidence, the judge allowed a motion filed by his employer to gain access to his private Facebook.

Judge Charles H. Saylor rejected Zimmerman’s privacy argument because he had made his physical condition an issue.

“Zimmerman voluntarily posted all the pictures and information on his Facebook and MySpace sites... and he cannot now claim he possesses any reasonable expectation of privacy to prevent Weis Markets from access,” Saylor wrote. “With the initiation of litigation to seek a monetary award based upon limitations or harm to one’s person, any relevant, nonprivileged information about one’s life that is shared with others and can be gleaned by defendants from the Internet is fair game in today’s society.”

With this in mind, Florida personal injury victims should be aware that their social media content could be used as evidence in a future lawsuit.

The Dellutri Law Group is focused on making bad situations better and putting lives back together. If you or someone you love has been seriously injured in a Florida motor vehicle accident, you may be entitled to compensation.

To learn more about your legal options, contact our experienced injury attorneys for a free consultation.


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