The Slip-Up That Can Sink Your Slip and Fall Case

James

Hey everyone, welcome back to The Brief. I’m James, and with me as always is Emily. Today, we’re talking about something that honestly surprises a lot of people—how social media can impact your slip and fall case.

Emily

Oh, this is a good one, because it's definitely one of the most overlooked risks. Once your claim is out there, all eyes are on your feeds, and it’s not just you. They’ll dig into family members’ and even your friends’ accounts.

James

It's everything from photos to comments, not just your posts. All of it can quietly undermine your injury claim. You might think your posts are harmless, but defendants and insurance companies are monitoring them. They’re looking for anything that contradicts your story — even small posts that seem unrelated.

Emily

They think, “seriously, nobody’s really gonna care if I post a photo at dinner,” or, you know, “It’s just a selfie with my dog.” But those everyday moments? Those get twisted in court all the time. If you’re telling a judge or an insurance company that you are struggling with work after an accident, but you post a vacation shot walking on a pier, that’s all the defense needs to suggest that your injuries must be exaggerated.

James

Like a parent of a teen with a new phone, the scrutiny is intense. Ninety-one percent of civil court judges have admitted social media evidence in their courtrooms, with personal injury cases leading the way. One study showed digital evidence from social platforms played a key role in over 500,000 personal injury cases between Fall 2022 and Fall 2023.

Emily

This is why we always tell our clients: treat every post like it’s a potential exhibit in your trial or at the negotiating table. Lawyer Monthly recently shared results of a study that showed 52 percent of attorneys report an increase in lawsuits tied to information pulled from smartphones and social media. And we're not only talking about your posts. Comments or check-ins—like, “making progress on my recovery,” on someone else's post could potentially show up in the courtroom or the negotiating table, even if you just meant you were making progress mentally or emotionally, not physically.

James

This is the world we live in. If you're listening and you’ve filed a claim, or think you might, just know—social media is basically the defense’s best witness at this point.

Emily

Right, so let’s get into the myth about privacy settings. I know a lot of people out there are thinking, “Well, my stuff’s private—nobody but my friends can see this.” But courts don’t care. If something’s relevant and it might affect your case, they can subpoena that post. That “delete” button? It’s just an illusion for this kind of thing. Even deleted posts aren’t off limits! Deleting content doesn’t always solve the problem. In some situations, deleted posts can still be recovered or referenced, and deleting material once a claim is underway can raise additional concerns.

James

And don’t forget, platforms keep your posts even after deletion. Same goes for stories, direct messages, and group chats. Just because something disappears after 24 hours doesn't mean it's gone for good.

Emily

These are the questions we repeatedly hear: “What about private messages? Or a story that only lasts twenty-four hours?” The reality is, even private direct messages, group chats, stories—those can be subject to subpoenas, too. Insurance lawyers understand how valuable this can be for thier case, so they are willing to dig deep.

James

Honestly, if you’ve posted or shared something about your accident, your recovery, or just your activities after your slip and fall? It’s best to tell your lawyer up front. That way they are not caught off guard, and it’s not a nasty surprise during discovery.

Emily

Here’s the next level of considerations I'm willing to bet hasn't crossed your mind: let's talk about the social posts that aren’t even yours. Make no mistake, the insurance companies and the other side’s attorneys will comb through posts from your spouse, your siblings, even your kids’ social media, to identify evidence that can run counter to your claim.

James

Yeah, and courts have said, hey, if you’re tagged in a photo or mentioned in a comment, that can be fair game—even if you didn’t post it. Friends, family members, coworkers—anyone who tags you in a photo or mentions you in a post can unintentionally create evidence that’s used in your case.

Emily

Exactly. You may be doing all the right things—no posts, no stories—but then a friend tags you at a barbecue or a relative posts a group photo. All of a sudden, there you are, walking or standing, smiling, and the defense has fresh evidence.

James

It’s tricky to manage, because you can’t control everyone else’s social media, but it’s worth having that awkward conversation—ask your friends, family, coworkers, to keep you out of thier posts while your case is ongoing.

Emily

Let's recap what we've learned. Number one: If social media shows activity that appears inconsistent with your injury claim, defense teams can use that in discovery to question your credibility.

James

Number two: Even private accounts or deleted posts can be discoverable in a civil case once subpoenas or discovery requests are issued.

Emily

And number three: third-party posts can be used against you. A family member’s photo tagging you at a barbecue could be discoverable and used in litigation.

James

Alright, that’s it for today’s episode. If you want more tips for protecting your rights after an accident, check out some of our older episodes—we’ve talked about how you can best work with your medical team, what you should and shouldn't do after an accident, and much more.

Emily

And if you need to speak with us immediately, you can chat with us on our website, fill out a form to request a free consultation, or you can always call us at 864 298 zero zero eight four. All this information is available on our website at bannisterandwyatt.com. Take care, everyone!!