Can Social Media Be Incriminating Evidence in a Slip and Fall Case? - Social Media Explorer
Can Social Media Be Incriminating Evidence in a Slip and Fall Case?
Can Social Media Be Incriminating Evidence in a Slip and Fall Case?

Slip and fall accidents can cause small injuries like scrapes and bruises. They can also be the cause of life-altering injuries like bone fractures and other damage. If you’ve been injured in an accident like this, it’s natural to seek financial relief from lost wages to hospital bills.

But these cases can be complicated by something you might not even think of: your Facebook, Instagram, and Snapchat accounts! Slip and fall cases have been lost because of social media being used as incriminating evidence.

Just at a time when you might feel like you most need to reach out to friends and family on social media, you have to worry about having your social media used against you. Read on for how to avoid adding this worry to an already stressful situation. 

What is Admissible in Court?

The fact is that courts are becoming more accepting of evidence found social media – and it can be used both for and against you.

A recent case involved a woman who had filed a personal injury suit. The defendant was able to provide pictures that the woman had posted on Facebook after her accident – showing that she was still active in her daily activities, even going to the gym. The judge allowed this evidence to count against the woman’s case.

Social media posts don’t count as illegally obtained evidence – that burden is placed solely on law enforcement. Private citizens can post pictures of themselves – and of you – that may be used in court. Even messages sent between two people can be admitted in court cases.

Follow These Steps to Protect Yourself

Insurance companies and lawyers defending the defendant will always try to dig up dirt on the plaintiff in a personal injury suit. Social media accounts have provided fertile digging ground in these cases. Here’s how to protect yourself against your posts being used as incriminating evidence.

1. Contact a personal injury lawyer immediately after a slip and fall accident. A lawyer’s advice is critical at this time, and they will be able to guide you in how to control information shared about you on social media.

2. Refrain from posting pictures – and ask your friends to as well. While you do have a right to enjoy social media to its fullest, try to take a break while your case is in process. Even a misleading appearance of enjoyment can be used to undermine your claim.

3. Use filters and privacy settings. Changing the settings of who can see pictures of you can provide some protection as well.

4. Take care of yourself. Remember that this is a time to recuperate from your injuries. Don’t push yourself to go to the gym or strenuous outings right now.

Don’t Let Social Media Posts Become Incriminating Evidence

Social media is now a ubiquitous presence in our lives and our court cases. Don’t let your valid claim be undermined by incriminating evidence from your social media accounts!

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About the Author

Ted Jones

VIP Explorer’s Club