Can Social Media Sabotage Your Auto Defect Lawsuit?
The effects of social media have been felt world-wide by almost every person on the planet. Many of those who utilize the numerous social sites available are rewarded with a level of connectivity that has never before been achievable, but for one woman in Nevada, her use of social media sites may have cost her $61,000,000.00.
According to court documents recently filed in Nevada, a woman claiming to have suffered serious and life-threatening injuries as a result of defective auto parts has been ordered to "produce complete and un-redacted copies of Facebook and other social networking site accounts."
The Plaintiffs claim within court documents that on April 27, 2007, "massive, life-threatening, permanent, and irreversible injuries" were sustained as result of an auto collision. The Plaintiffs allege that the Defendant was engaged in the business of manufacturing and distributing seatbelt systems, including the one that had been installed in the Plaintiff's vehicle at the time of her accident, and that the seatbelt system installed was defective when it left the Defendant's manufacturing facility.
In addition, the Plaintiffs are pursuing action against the airbag manufacturers for "negligence, gross negligence, negligence, per se, and product defect. Id." The plaintiffs seek to recover over $61,000,000.00.
Following these accusations, one of the defendants claims within court documents to have obtained wall posts and photographs from one of the Plaintiff's public Facebook accounts. The Defendant alleges that the Facebook posts showed the Plaintiff's "ability to swing on a swing set, dance, and engage in water sports." The Defendant also claims to have had access to pictures displaying the Plaintiff participating in social activities including "consumption of alcohol, bowling with friends, and late night partying."
The Defendant claims that the Plaintiff changed her Facebook profile privacy setting in February of 2011, which blocked public profile viewing from thereon out.
The Defendant has issued a motion to Compel the Plaintiff to produce her social media accounts for review and the courts have granted their approval.
Brian Chase, auto defect lawyer, has been assisting victims of defective auto parts for decades and stresses the dangers of social media content to all of his clients. "The fact that auto manufacturers have produced defective products that have killed and maimed drivers cannot be disputed. A picture says a thousand words, but pictures can also be very misleading. Whether or not the Defendants in this particular case were responsible for the Plaintiff's injuries has yet to be determined, but it would be a shame if the outcome of her case was based on circumstantial evidence."
"Our clients are informed at the outset about the dangers of utilizing social media and we strongly suggest that they shut down their sites during the pendency of their lawsuit. Even a paralyzed victim will have a night out, but there are potential pitfalls in documenting good times for victims pursuing damages from defective product and auto manufacturers. A skilled defense attorney can characterize an innocent photo of friends out to dinner on a social media site into a drunken dance party at an all night club to the detriment of a seriously injured accident victim," Says Mr. Chase.
About Bisnar Chase Defective Product Attorneys
The attorneys at Bisnar Chase represent people who have suffered catastrophic injuries or have lost a family member as a result of defective products, auto collisions, nursing home abuse and dog attacks. For over 30 years, the Bisnar Chase law firm has consistently provided top-notch legal representation on a "no win - no fee" basis and have won dozens of million dollar claims against Fortune 500 companies, governmental agencies and insurance companies.
For more information about the Bisnar Chase law firm, call 949-203-3814 or visit their website at /.