Facebook profile lawsuit
Caveat scriptor
March 13, 2009
by David Krell
david@davidkrell.com
The admonition goes, Don’t write anything down that you would be ashamed to see on the front page of your local newspaper or read aloud in open court.
Caveat scriptor. (Let the writer beware.)
Because of a recent decision by the Ontario Superior Court of Justice, digital social media falls squarely under the warning.
In Leduc v. Roman, the court decided on February 20, 2009 that a plaintiff’s Facebook profile is fair game for cross-examination by the defendant in a personal injury claim.
Justice David Brown concluded, [I]t is reasonable to infer that his social networking site likely contains some content relevant to the issue of how Mr. Leduc [the plaintiff] has been able to lead his life since the accident.
The extension of this decision could have far-reaching implications.
Imagine the pressure increasing in an already intense custody battle because one spouse wants to enter the other’s Facebook comments, photos, or status updates into evidence.
Imagine an employee with a valid wrongful termination lawsuit needing to clarify his or her Facebook persona.
Imagine a situation like the one in Leduc v. Roman where your Facebook profile, reserved for people in your circle, now enters truly public view.
Caveat scriptor, indeed.
david@davidkrell.com
The admonition goes, Don’t write anything down that you would be ashamed to see on the front page of your local newspaper or read aloud in open court.
Caveat scriptor. (Let the writer beware.)
Because of a recent decision by the Ontario Superior Court of Justice, digital social media falls squarely under the warning.
In Leduc v. Roman, the court decided on February 20, 2009 that a plaintiff’s Facebook profile is fair game for cross-examination by the defendant in a personal injury claim.
Justice David Brown concluded, [I]t is reasonable to infer that his social networking site likely contains some content relevant to the issue of how Mr. Leduc [the plaintiff] has been able to lead his life since the accident.
The extension of this decision could have far-reaching implications.
Imagine the pressure increasing in an already intense custody battle because one spouse wants to enter the other’s Facebook comments, photos, or status updates into evidence.
Imagine an employee with a valid wrongful termination lawsuit needing to clarify his or her Facebook persona.
Imagine a situation like the one in Leduc v. Roman where your Facebook profile, reserved for people in your circle, now enters truly public view.
Caveat scriptor, indeed.