Using Facebook Posts As Evidence in Court

Since we are operating in a technologically advanced society people are continuously posting on Facebook their whereabouts, what they have purchased, who they are angry with, who they are dating, and best of all, photos of themselves and others. 

We have several situations where parties are divorcing or going through a custody battle and they bring their attorney evidence from Facebook.  The opposing party may claim “I do not have any money,” “I cannot support myself” and that the “children are starving.” Yet, there are posts on Facebook of this person in Las Vegas purchasing bottle service at a popular club.  Showing a judge this evidence will raise an eyebrow about this person’s credibility in court.

Or suppose, a person claims I have not had a drink in months, or “I don’t have an alcohol problem.” Yet, people posted pictures of this person, drinking and having a great time on a weekly basis.  This person may even post things such as, “I am so drunk” or “I just had 8 shots whoohoo.” This evidence can be introduced in court and will negatively affect this person’s credibility in such cases as a DUI or a custody battle.

An appeals court in Arkansas ruled that photos of a Plaintiff that were derived from facebook demonstrating that he was “drinking and partying” could be used against him in court. This court denied the Plaintiff any further worker’s compensation benefit. http://abcnews.go.com/blogs/business/2012/02/court-okays-facebook-party-photos-in-workers-comp-claim/

Facebook posts are being increasingly used in personal injury cases. Suppose a Plaintiff is claiming that he has been seriously injured in an auto accident. This Plaintiff is claiming to have extreme back pain. Yet, he posts pictures of himself on Facebook horse back riding, hiking and going to Disneyland. The Defense has these pictures at trial! The jury will now doubt the credibility of this Plaintiff and the likelihood of recovering a large verdict will be far fetched.

If you are involved in litigation, you should be extremely cautious in what you are posting on Facebook.  The posts that you may think are “cool” and “funny” can harm you in the end. If you have an experienced attorney, who is current with the technology of today, he/she should advise you to censor your Facebook immediately.