How is the law adapting to the integral role social media plays in our daily lives? Huffington Post’s Brad Reid considers how it is impacting the U.S. legal environment. For Personal Injury Litigation, photos or videos on social media “provide evidence that may either confirm or dispute an asserted physical injury or emotional distress.”
Personal Injury Litigation
1. Social media provides evidence that may either confirm or dispute an asserted physical injury or emotional distress. Photos of physical activity and apparent happiness may undermine claims.
2. Evidence of stalking, invasion of privacy, and infliction of emotional distress may be provided by social media.
3. Sometimes professionals, such as police or health care providers, inappropriately distribute video of accidents or medical procedures, or are recorded mocking victims.
4. As an additional example, traffic accident litigation may be supported by social media content that demonstrates intoxication or reckless conduct.
In Divorce and Family Law violations of custody orders and “evidence of assets, job prospects and resources” can be found through platforms from Facebook to Twitter.
Divorce and Family Law
1. Evidence of affairs is provided by social media such as the Internet, Facebook, and Dating Services.
2. On-line commentary by spouses and children indicate state of mind, both positive and negative, and fitness to have custody.
3. Evidence of assets, job prospects and resources may be available.
4. Violation of custody orders and travel restrictions may be provided by photos and vacation information.
5. Violation of protective orders and stalking may occur through “pokes,” “friend requests,” and Tweets.
6. A variety of Facebook or Internet friendships may indicate potential bias and connections by experts, professionals, and others who may testify.
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