Each year thousands of individuals are treated at hospital emergency rooms for serious injuries sustained from slip, trip, and fall accidents. These injuries can be serious and impair your ability to work, cause permanent injury, and lead to mounting medical bills. That is why Florida law recognizes a legal duty on the part of property owners to maintain their premises in a reasonably safe condition for use by patrons, customers, and other invitees.  If you are injured because of the negligence of a property owner, you may be entitled to compensation for your losses. If you file a personal injury claim related to a slip and fall accident, you should be careful what you share publicly on social media platforms. What you say, even if true, can create unnecessary roadblocks to recovery in your person injury claim.

In this article, we share a few ways you can protect your claim next time you go online:

1. Discussing the Accident

It is rarely a good idea to discuss the facts and circumstances of your accident or injury without careful consideration and consultation with an attorney. That is because what you say can be taken out of context, misinterpreted, or unfairly challenged, if not articulated properly. This is true for both the liability and damages aspects of your claim. That is, what you say about how the accident happened or the injuries you suffered, can come back to haunt you in a personal injury case.  You may neglect to include important information or context in what you express online, thereby creating an opportunity for defense lawyers and insurance companies to challenge your credibility.

2. Leaving Your Profiles Public

You should know with certainty who can access and view your public profiles on Facebook, Twitter, TikTok, Instagram, and other social media platforms. If your settings are not private, insurance adjusters and defense lawyers will be able to view, download, screenshot, and save your public posts for use in litigation.  You should limit who can see or follow you.  You should also know that under some circumstances a court (Judge) may compel you to download some or all of your public social media data and share it with the defense.

3. Failing to Screen New Connection Requests

While your claim is pending, you should deny or ignore any new invitations to connect unless you know exactly who is trying to connect with you. Accepting requests without a second thought could result in you giving an opposing party free rein to look through your posts.

4. “Checking In”

On Facebook, you have the option to “check in” whenever you arrive at a new location. While this feature can help you stay connected to friends, family, and social networks, it can also leave a digital paper trail of your social activities for opposing parties to question or use against you. In some situations, the insurer may be able to use your “check ins” as evidence to challenge your case.  It’s important to abstain from using this feature until your case has been resolved or you discuss this issue with your lawyer.

Speak to a Miami Slip and Fall Attorney Today

Were you left seriously hurt after slipping or tripping on someone else’s property? If you believe the owner was negligent, it may be wise to reach out to an attorney to discuss your options.

At Viñas & DeLuca, PLLC, we can meet with you as part of a free consultation. Not only will you have a chance to get to know our legal team, but we can also weigh the strengths and weaknesses of your case and advise you of the other steps you should be taking to protect your claim. Dial (305) 372-3650 or jump to our contact page HERE to request a free case review with a Miami slip and fall attorney today.