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Can Social Media Provide Evidence in Product Liability Litigation?


Each year, thousands of people are injured by defective products, and manufacturers may potentially end up owing monetary damages to a person injured by a product. Product liability litigation is a very complex field that varies depending on where you are located, but these sorts of lawsuits typically require the defendant to prove that they were injured and show that the defendant is responsible for their injuries.

These types of cases may be fairly difficult to prove or defend against. In modern times, more and more people are turning to social media. Social media is not always an acceptable form of proof, but it may provide evidence in certain types of product liability litigations.

How Can Social Media Prove a Product Liability Claim?

For some people, social media may become a form of documentation. A video or picture may coincidentally capture the moment of injury and prove that the product was involved in the injury. A plaintiff’s social media may capture how the injury has affected them and end up influencing damage claims.

Companies that use social media to interact with their customers may find that their own social media posts also get used against them in a case. Any employee using a company account to casually make a misleading or false comment could be proof that the company is liable for the defective item. Social media posts may be proof in a case if a company was intentionally misleading customers. Things like paying for fake reviews on a product or paying a social media influencer to use your product in their posts could end up being proof in a product liability case. These sorts of posts can show a company was trying to hide an issue from their customers.

Can the Defendant Use Social Media Proof to Hurt a Claim?

Keep in mind that social media can also work against the claimant in a product liability case. There have been past cases where a company was able to use the plaintiff’s social media posts to show that they should not be held liable for injuries. Even if a person’s account is set to private, the court may require the plaintiff to provide access to posts.

The main ways that social media posts can keep a plaintiff from winning a lawsuit are by disproving an injury or showing that the injury was caused by product misuse. In cases where a person is faking the severity of an injury, social media posts showing them doing things that the injury would prevent them from doing can prove that they are faking. Posts that show a person misusing the product in a way the manufacturer could not have reasonably foreseen may also help the defendant.

If you or someone you know is in the middle of a product liability litigation, social media posts can make a huge difference to the outcome of the case. Since using social media as a form of evidence is still fairly unusual, it is important to have a lawyer who is experienced in product liability and up-to-date on rulings regarding social media. Get in touch with The Law Offices of Sadaka Associates today to learn how we can help you.



Principal & Founder
This article was written by Mark Sadaka, a seasoned trial lawyer in nationally significant cases. He fearlessly champions clients impacted by fatal or severe injuries caused by others or corporations. Renowned for his expertise in complex litigation, he's featured in books, sought after by media for interviews, and a highly sought speaker. Notably, he exclusively represents individuals facing life-changing injuries or substantial financial losses.

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