While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenets of discovery that apply to the standard document requests, also apply to this new technological source of information. The question of whether a demand for any and all information on the Facebook page of a grieving mother in a wrongful death lawsuit could lead to the discovery of admissible evidence relevant to her loss of consortium claim was recently addressed by the Appellate Court in Florida. In short, the Court’s latest decision on this issue was a message to defense attorneys that, although information posted on social media has limited privacy rights, the Courts will still not allow a defense attorney to engage in a fishing expedition of a plaintiff’s Facebook page.
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