Are Your Social Media Accounts Private in a Civil Lawsuit?

Social media has become an integral part of our daily lives, with millions of people using platforms like Facebook, Twitter, Instagram, and LinkedIn to share information, photos, and updates with friends, family, and colleagues. However, what many people don't realize is that the information they share on social media can have legal implications, especially in the context of a civil lawsuit.

At The Curran Firm, P.C., we understand the complexities of civil litigation and the importance of protecting our clients' interests. In this blog post, we'll explore the issue of social media discoverability in civil lawsuits and provide some important insights for those who may be facing legal action.

What is Social Media Discoverability?

Social media discoverability refers to the ability of a party in a lawsuit to obtain information from an opposing party's social media accounts that may be relevant to the case. This can include posts, messages, photos, and other types of content that could impact the outcome of the lawsuit.

 In recent years, courts have increasingly allowed social media evidence in civil cases, recognizing that such evidence may be relevant to issues such as damages, credibility, and character. However, not all information on social media is discoverable, and there are certain legal guidelines that must be followed when requesting or disclosing social media content in a civil lawsuit.

Factors Affecting Social Media Discoverability

1. Relevance: The information sought must be relevant to the case at hand. For example, if the lawsuit involves a personal injury claim, social media content related to the plaintiff's physical activity may be relevant to determining the extent of their injuries.

2. Privacy: The privacy settings of the social media account can affect discoverability. Generally, if a user's account is set to private, it may be more difficult to obtain information from that account.

3. Burden: The burden of producing the information must be reasonable. If producing the information requires an unreasonable amount of time or resources, it may not be considered discoverable.

4. Preservation: Social media content may be deleted or altered, so parties must take steps to preserve relevant information.

What You Should Know

If you are involved in a civil lawsuit, it's important to be aware that your social media accounts may be subject to discovery. This means that anything you post on social media could potentially be used as evidence in the case. To protect your interests, we recommend taking the following steps:

1. Be careful about what you post: Avoid posting anything on social media that could be construed as evidence against you in a lawsuit.

2. Review your privacy settings: Check your privacy settings on all your social media accounts to ensure that you are comfortable with the level of access that others have to your information.

3. Consult with an attorney: If you are involved in a civil lawsuit, speak with an experienced attorney who can provide guidance on how to protect your rights and interests.

At The Curran Firm, P.C., we are committed to providing our clients with the best possible legal representation. If you have questions about social media discoverability in civil lawsuits or any other legal matter, please contact us today to schedule a consultation. We are here to help you navigate the complexities of the legal system and achieve the best possible outcome for your case.

There have been several cases in Pennsylvania where the courts have denied requests for the disclosure of social media information in a lawsuit. Here are a few examples:

1. Largent v. Reed, 2013 WL 6401923 (Pa. Com. Pl. Nov. 26, 2013): In this case, the plaintiff was injured in a car accident and the defendant requested access to the plaintiff's Facebook account. The court denied the request, finding that the defendant had not shown that the information sought was relevant to the case.

2. Zimmerman v. Weis Markets, Inc., 2014 WL 211557 (Pa. Com. Pl. Jan. 17, 2014): In this case, the plaintiff was injured in a slip-and-fall accident at a grocery store and the defendant requested access to the plaintiff's Facebook account. The court denied the request, finding that the defendant had not shown that the information sought was relevant to the case and that the request was overly broad.

3. McMillen v. Hummingbird Speedway, Inc., 2010 WL 4403285 (Pa. Com. Pl. Oct. 19, 2010): In this case, the plaintiff was injured in a car racing accident and the defendant requested access to the plaintiff's Facebook account. The court denied the request, finding that the defendant had not shown that the information sought was relevant to the case and that the request was overly broad.

These cases demonstrate that the courts in Pennsylvania will not automatically grant requests for the disclosure of social media information and will carefully consider whether the information sought is relevant to the case and whether the request is overly broad or burdensome.