In today’s digital age, social media isn’t just a place for people to share photos of their lunch or their latest vacation. It’s now a critical tool in the legal world, and it’s especially impacting premises liability cases. Whether it’s a slip-and-fall accident in a grocery store, a fight that breaks out in a shopping mall, or dangerous conditions in a public park, social media is often there to document it all. But while this can sometimes help plaintiffs in proving their case, it also creates new challenges and complexities for defendants and property owners.
Let’s take a look at how social media is playing an increasingly pivotal role in premises liability claims, particularly when it comes to incidents like slip-and-falls or fights that happen on someone else’s property. The rise of smartphones with cameras and easy-to-use platforms like Facebook, Twitter, Instagram, and TikTok means that a single incident can be instantly broadcast to a huge audience, with videos or photos that may later become crucial evidence in a court case.
The most obvious way social media impacts premises liability claims is by providing a direct, real-time record of an incident. Imagine this scenario: someone slips on a wet floor in a big-box store. The store might argue that they had properly marked the area and followed all safety procedures, but what if a passerby captured the fall on video, showing that the store’s signage was inadequate or that the floor had been wet for far too long? Suddenly, that video becomes a piece of evidence that’s hard to ignore. It’s not just the victim’s word against the store’s; it’s a clear, visual representation of the incident.
But it’s not just video evidence that can influence these cases. Social media posts, often made in the heat of the moment, can also become a double-edged sword. Let’s say a customer posts a picture of the dangerous condition on a store’s property before they slip – maybe they notice a puddle or a loose rug and decide to take a quick photo for their followers. That seemingly innocent post can later become an important part of the case. It can show that the hazard existed well before the fall and may even provide a timeline for when the dangerous condition was present. It’s hard for a defendant to claim they didn’t know about a problem when a social media post proves otherwise.
On the flip side, defendants in premises liability cases are becoming increasingly savvy about how to use social media posts to protect themselves. If a fight breaks out on a nightclub’s dance floor or a dangerous condition is documented by a guest at a party, the property owner might be able to use social media to their advantage as well. For example, a property owner might find a post from the person who fell or was injured, admitting fault or showing that they were engaged in risky behavior at the time of the incident. If a person trips over a broken sidewalk while intoxicated, and their social media posts show them boasting about how much they’d had to drink before the accident, that could weaken their claim.
What’s interesting is how social media can even affect the timing and public perception of a premises liability case. In the past, the only evidence a plaintiff or defendant might present were physical documents, witness statements, and maybe a few photos. But now, a viral video or an inflammatory post can spread across the internet almost instantly, often setting the tone for how the case is viewed before it even reaches a courtroom. This can be a blessing or a curse, depending on which side of the case you’re on.
Take, for example, the growing trend of documenting dangerous conditions in real-time. If someone posts a video of a badly lit stairwell in a hotel, which causes someone else to fall shortly after, that video could be used to establish that the hotel was aware of the dangerous condition and didn’t take appropriate steps to fix it. In contrast, a defendant might be able to use the same platform to highlight that the injured party failed to exercise reasonable caution, perhaps posting a video of them running or skipping down the stairs right before the accident. In this sense, social media allows both sides to present evidence that paints a different picture of the event.
But the role of social media doesn’t end with the direct evidence it provides. It also has a more subtle impact on how premises liability cases unfold. The mere existence of social media has forced property owners and businesses to rethink their safety practices. In the past, an incident might have been a small, localized issue. Today, if someone is injured on a property, there’s a good chance their story will end up on social media, reaching a wide audience. Property owners and businesses now realize that, if they don’t handle an incident properly, it could quickly spiral out of control in the public eye. Negative posts or viral videos can cause reputational damage, even before the case goes to court, putting pressure on defendants to settle or act quickly to minimize fallout.
The digital age also creates a larger challenge for businesses in defending against fraudulent claims. With so many people sharing their lives online, it’s easy to forget that some social media posts may not accurately reflect reality. Injured parties sometimes post photos or videos to social media that might not fully capture the circumstances of an incident, potentially skewing the facts. In other cases, individuals may exaggerate injuries or downplay their own responsibility for an accident. Property owners are increasingly forced to investigate not just the scene of the accident but the social media accounts of everyone involved to find out whether there’s a discrepancy between what’s posted online and what actually happened.
Ultimately, social media has made the landscape of premises liability cases much more complicated. It has created a world where the facts of an incident are not just told in the courtroom – they are played out in front of an audience of millions. For property owners, businesses, and anyone involved in a slip-and-fall accident or other premises liability issue, social media can no longer be ignored. It’s both a tool for plaintiffs to prove their case and a tool for defendants to protect themselves. In the digital age, social media is no longer just a distraction; it’s a powerful factor that can shape the outcome of premises liability claims in ways we’re still learning to navigate.
Ken Fulginiti, of Philadelphia’s Fulginiti Law, is dedicated to helping individuals and families affected by catastrophic injuries, securing significant results, including the largest general liability settlement for a minor in Pennsylvania history in 2018. His practice focuses on cases involving motor vehicle and trucking accidents, construction accidents, product defects, premises liability, negligent security, medical malpractice, clergy sexual abuse, and other serious injuries.
