In a slip-and-fall case from earlier this year, a Florida court ruled that Facebook users can have no reasonable expectation of privacy for the photos they post online. The decision has a significant impact on people who file slip-and-fall claims in the state as an increasing number of judges are compelling plaintiffs to produce social media-related information in court.
A Florida woman filed a lawsuit against Target Corp. for the injuries she allegedly sustained from a slip-and-fall accident while working at one of the company’s stores. During a subsequent deposition in Sept. 2013, the plaintiff refused to grant Target access to her Facebook photos. Target’s counsel claimed 36 photos on the woman’s Facebook page disappeared two days after the deposition.
The Florida District Court of Appeal, Fourth District, ruled that the woman had to disclose all of her Facebook photos from the previous two years. Target argued that the photos would allow for a comparison of the plaintiff’s current physical condition and her life before the accident. The company said they were relevant as the store’s surveillance video showed the woman “carrying heavy bags, jugs of water, and doing other physical acts” that suggested she exaggerated her personal injury claim.
The woman argued that the order was an invasion of privacy. However, a three-judge panel held that regardless of the Facebook privacy setting she chose, her photos were not protected by any privacy right. Facebook does not guarantee privacy and its users must acknowledge that their personal information may be shared with others. The court said the photos’ relevance to the case outweighed the plaintiff’s minimal expectation of privacy on social media sites.
It is important to note that determining fault can be more complicated than it might seem. If you were injured and you believe someone else is fully or partially to blame, contact Chalik & Chalik to learn more about your rights.
Slips and Falls from Restaurant Hazards When you go to a restaurant to eat, you often don’t think about the dangers that restaurants present. You are often hungry and want to get to your seat as fast as possible, and you may not be looking for dangerous flooring conditions, such as uneven ground, ripped or torn carpet, and spilled liquid. In...
Why hoverboards are sending people to the hospital Hoverboards have become increasingly popular, but many people are unaware of how dangerous the self-balancing scooters can be. Florida hospitals have seen a spike in the number of adults and children in emergency rooms due to hoverboard injuries over the past holiday season. Besides posing a fire hazard, the two-wheeled electric scooter also puts users...
Employees Need to Report Work Hazards to Reduce Fall Accidents Workers get injured due to fall accidents every year. Unfortunately, these slip and fall injuries account for economical loss, pain and suffering, and even death in some cases. Because most of these injuries are generally preventable, workers need to learn how to identify trouble areas at the workplace and report any hazards to their employers....
Common Places Slip and Fall Accidents Occur Fall accidents send roughly 8.9 million people to the emergency room each year, according to the National Safety Council (NSC). As one of the leading causes of unintentional injuries, it’s important for everyone to know where the dangers lie and take the simple yet necessary precautions to prevent injuries. Common Places for Slip and Fall...
Can You Sue an Airport for Falling? You may sue an airport for falling if you suffered injuries and have resulting expenses and losses. When a fall occurs, it is generally because of a preventable hazard. The property owner or another entity in charge of maintaining the property has an obligation to keep the area free from hazards. Your Florida slip and...
What To Do If You Fall in a Restaurant? If you fall in a restaurant, the first thing you should do is call 911 for medical help. Falls can be serious, even if they appear minor at first. You can ask a server or manager to make the call, or you or someone you’re dining with can connect with a dispatcher. If you don’t...
Is Slip and Fall a Personal Injury? A slip and fall is not a personal injury, but it is a type of personal injury case. If you were injured in a slip and fall accident as the result of negligence, your slip and fall injuries may be eligible for a personal injury claim. A law representative can assess your case to determine...
Wet Floor Slip and Falls: What You Need To Know If you were involved in a wet floor slip and fall accident, you should know that: If another party’s negligence caused your accident, you can seek compensation. You should collect any type of evidence possible to strengthen your case. Slip and fall accidents can cause severe injuries, so you should seek medical care right away....