THE JURY’S OUT ON YOUR SOCIAL MEDIA ACTIVITY Think Before You Post Hero Husky Saves the Neighborhood
On Dec. 15, 2023, pet owner Chanell Bell of Philadelphia was taken aback when she noticed that Kobe, her 4-year-old miniature Alaskan husky, had dug a hole in her home’s front yard. This was a stark departure from Kobe’s usual behavior, which Bell initially dismissed as boredom and promptly refilled the hole. However, when Kobe began to dig again in the same spot, Chanell realized something was amiss. “We’ve been here at our home for a while now, and he never digs holes,” Bell told USA Today. “So, I knew something was up.” She investigated further, reviewing footage from the family home’s security camera overlooking Kobe’s newfound digspot. Then, she witnessed Kobe sniff the air around the area before digging the hole in the same spot again. Thinking something Kobe smelled must have alarmed him, Bell phoned Philadelphia Gas Works, which sent a crew out to investigate. The engineers discovered that the gas lines beneath the Bell household were old, dilapidated, and beginning to leak. After fixing the issue, the company told Bell that if Kobe had not discovered the leak, the line would have posed significant health and safety concerns for the whole neighborhood.
This month’s cover article discussed how technology has changed our law practice. As World Social Media Day is June 30, let’s look at how social media affects the accident cases we handle. Most cases involve a claim against an at-fault or legally liable party covered by a liability insurance policy. Whether it is a car accident, a slip-and-fall, or a construction accident injury case, we work to recover our client’s damages from a carrier that insured the specific type of loss in almost all of these situations.
“They told me something as simple as a light switch turning on could’ve
The insurance companies’ “default setting” is to pay as little as possible, or nothing if they can, when a claim or lawsuit is presented. They will often conduct surveillance of the injured party to show that the injuries caused by the accident are not as severe as claimed or, far worse, that the claimant is perpetrating fraud. Anytime a claimant is in public, an insurance company investigator may take photos and videos of their activities. Investigators also scour social media. Claimants who post photos or videos showing physical activity that raise doubts about their claimed injuries are potentially launching a torpedo toward their own case. While a claimant’s injuries may make such a harmful video unlikely (e.g., if Mr. Jones broke his ankle and had plates and screws installed to repair the damage, he’s probably not dancing at his daughter’s wedding shortly afterward), there are subtle ways defense lawyers try to use social media posts that the claimant thought were completely innocent. If Mr. Jones is standing next to those dancing at the wedding with a big smile, the defense counsel may try to use such photos, fair or not, to argue that claims of pain and suffering are exaggerated. While the authenticity, relevance, and admissibility of social media posts as evidence can be the subjects of battles, it is best to avoid them if possible. You can do this by not posting on social media while a case is pending, but this may not be a realistic option for some people. In that case, we urge you to be careful not to post photos, videos, or text that come anywhere near the issues of the case.
caused an explosion,” Bell told USA Today.
After Bell shared Kobe’s story on social media, it caught the attention of PETA, the People for the Ethical Treatment of Animals,
who awarded the young husky the
Heroic Dog Award. Inspired by Kobe’s efforts, Bell wrote a children’s book dedicated to him called “The Dog That Saved the Block Before Christmas.”
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