JENKINTOWN PERSONAL INJURY ATTORNEYS

Pa. Common Pleas and Workers’ Compensation Courts have been facing discovery disputes concerning a claimant’s social media account. In third party liability cases (such as a motor vehicle accident) and in workers compensation cases, the question Courts are facing is whether a defendant and/or employer can discover and use information posted on Facebook and other Social Media sites to the detriment of a claimant. Currently, there is no definitive answer in the Court system and Courts are somewhat split.

In almost cases, a claimant who has a public social media site, that is that their site is open for viewing by anyone with an account on the site, is subject to unlimited use of the material viewed, printed and/or downloaded. For instance, if you have a Facebook account and you have your account open for public viewing and then following an auto accident or work injury you post information or pictures of you doing an stenuous activity, the defense can use these postings in your case againt you.

On the other hand, if you have a private social media site, the information viewed by the general public on your site is very limited. In order to gain access to the non-limited portion of your site, the defendant and/or employer must request a Court Order mandating the production of the non-public portion of your site. So far, Courts have generally ruled that material that is located on someone’s private page of a social media profile is discoverable, but only after a showing facts which suggest that allowing discovery of the private profile will lead to relevant information. Absent this factual prerequisite, discovery of private social media pages will not be allowed.

This past May, a trial court in the Court of Common Pleas, Lancaster County, Ordering that a “neutral forensic computer expert” be hired, to view a Plaintiff’s private Facebook page, during a seventeen day window where the defendant was claiming that the Plaintiff, who alleged personal injuries as a result of the Defendant’s alleged negligence, had been photographed playing in the snow during that seventeen day period. The trial judge further directed the parties to agree on the selection of a neutral expert and that the cost of the expert’s fees were to be borne by the Defendant.

Social Media discovery is here to stay. All individuals are encouraged to keep there accounts PRIVATE and be careful what is posted on these sites. The information, even if deleted, is permanently retained by the sites and can be discovered and used against you.