Facebook Posts May Have Serious Legal Consequences

Posting photos, videos, and comments on Facebook and other forms of social media may can have serious legal consequences. Last week, a Fort Lauderdale, Florida man was arrested for violating his probation after stealing a judge’s nameplate from the courtroom door. The Broward County Sheriff’s office did not have a difficult time compiling irrefutable evidence of his crime—authorities received a tip that a photo of the thief holding the stolen nameplate was posted on his girlfriend’s Facebook page. 

For plaintiffs seeking damages in auto accident and other injury lawsuits in Florida, a Tweet or Facebook comment about the number of miles they just ran or how many pounds they lifted at the gym may be used against them by the insurance company defending the case on behalf of the other driver or other tortfeasor. Generally, information available online about a party to a lawsuit is easily obtained by the other side and may be admissible evidence in court. In some situations, however, a court may refuse to allow such online content to be produced in discovery or used at trial if the user of the social media site has enabled privacy settings making the contents viewable by permission only to approved family members and friends. If the user has enabled such settings, the information is no longer readily accessible to anyone searching online, and the user may have a right to privacy that trumps the other side’s right to access the site.

In Florida, the issue is not yet settled among the various circuit courts and individual judges. Therefore, parties to any litigation may protect themselves by changing their privacy setting to allow others to view their Facebook, Twitter, or other social media site by permission only.

The attorneys at PERENICH The Law Firm have over 70 years of combined experience in settling auto and other accident cases, together with the resources to take a case through trial and a jury verdict in the appropriate circumstances. We have tried dozens of cases throughout Florida, including Pinellas, Hillsborough, and Pasco Counties, and you can count on us to fight to resolve your case for what it’s worth.