In a 2010 New York Supreme Court case, Kathleen Romano v. Steelcase Inc., the court granted an order giving the defense access to the plaintiff’s private Facebook and MySpace profiles. The defendant believed that the plaintiff’s accounts contained information that was inconsistent with her claim that her injuries negatively impacted her enjoyment of life, for which she was seeking damages.
The plaintiff filed a personal injury claim after suffering back and neck injuries because of a chair that collapsed under her. In the claim, she states that these injuries made her unable to engage in certain activities and that she was confined to her home. However, the defendant argued that her Facebook and MySpace pages contained photos and postings that showed she had traveled out of state and still enjoyed an active lifestyle.
The court agreed with the defendant’s claim, and stated that any information posted on Facebook and MySpace was public. The New York Court also cited rulings made in other jurisdictions regarding whether social media is protected or may be used in personal injury cases.
While New York courts have not reached a definitive decision regarding a person’s right to privacy on social media sites, the court did find that giving the defendant access to these sites did not violate the plaintiff’s Fourth Amendment right to privacy.
Learn how your Facebook and other social media accounts could affect your South Carolina personal injury claim.
Seeking the Help of a Charleston Personal Injury Lawyer
Dealing with a personal injury claim after sustaining serious injuries can be a stressful process. The South Carolina personal injury attorney team at the Shelly Leeke Law Firm is available to help accident victims cope with the legal implications of a serious injury. Our firm’s focus on personal injury cases includes injury from auto accidents including pedestrian and bicycle injuries, work-related injuries and Workers’ Compensation claims, and injuries resulting from dangerous prescription drugs.
Before you file a South Carolina personal injury claim, request a free copy of our South Carolina injury book. When you’re ready to get started on settling your accident claim, contact a Charleston personal injury attorney for a free information packet and consultation, 1-888-690-0211.