Technology and Litigation

That post on Facebook. That tweet about how you feel today. That snap of you at lunch. All of this can be used in litigation. What may seem like an innocent post or tweet or pic can turn into something not so innocent when looked at through the eyes of your opposing counsel. For example, sharing a post that someone else shared that you found funny. How often do you look at where the post originated. Would it be as funny if it originated from “drunk drivers united” when you are in the middle of a custody dispute? What about a post about how bad of a person your ex is? And no it does not matter if your accounts are public or not, all of the information is fully discoverable so the other side can ask to see it all. Oh, and you cannot delete it because it is then spoliation of evidence.  So best bets in litigation, STAY OFF OF SOCIAL MEDIA.

But what about fitness trackers. Who would think about using those in litigation? Well in a personal injury case the attorneys intend to do just that by introducing the data to show that their client was not able to perform at the level she was prior to the accident. While fitness trackers did not exist at the time of her accident they intend to compare the data from her fitness tracker to that of others of similar age and fitness level to show that she is not able to perform at the same level. Forbes.

What other uses could one find for using fitness trackers in litigation? What about when you claim you were at home all night but your fitness tracker shows you being very active at the time you claim to have been sleeping? What about fitness trackers that incorporate GPS into them? Perhaps the GPS could be tapped into to find out your actual location at the time?

As technology advances the litigation world will also find ways to use that technology to benefit their clients in court.