Carson Phillips-Spotts in Trial News – When Social Media Becomes Evidence

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Jul 26, 2024

Do images on social media always tell the whole truth? SGB attorney Carson Phillips-Spotts explores that question in the July/August edition of Washington State Association for Justice Trial News. His article examines how social media content can become evidence in the courtroom, even when it doesn’t reflect reality or show the full context.

"As with other forms of evidence, whether social media data is discoverable depends in large part on the specific claims at issue. For example, if an injured plaintiff claims to have lost the ability to walk after an accident, a Facebook picture of a smiling plaintiff running a marathon would clearly be discoverable, as it relates to her claim for damages,” he writes. “But claims for non-economic injuries such as emotional distress raise more nuanced questions. Is that same marathon picture discoverable if the client’s injuries are emotional, not physical?”

Read the full article here.