Instagram is a popular social media platform. It allows users to upload pictures, post comments, and even promote their business. While it has not quite reached the ranks of Facebook in the social media world, it has made plenty of progress over the years. It has become the second most popular platform in the United States. With its rising popularity, it should come as no surprise that Instagram posts have been admitted as evidence. This has happened in various court cases throughout the country.
Many Instagram posts are public. These public posts make them more accessible to users. This means they can be easily admitted as evidence in a court of law. However, the authenticity of the posts must still be verified. It must be proven that the party involved is the owner of the account. Sometimes it’s harder to prove ownership of accounts. In situations where this information is not verifiable, there is likely to be pushback from the other side.
How can Instagram be used in court?
Most posts on Instagram involve photographs. Personal accounts will often show pictures of the user or the places that they have been. Users also may just post food they’ve eaten, but geotag where they are. It is common for people to update their Instagram profiles with pictures from vacations, and special events. It is also very common for users to upload photos of themselves. Depending on the nature of the case, these photos can be used to help prove innocence or guilt. This, of course, once authenticity is proven.
One common example is that of a person that may be making a personal injury claim. This could be against an employer or another individual. They may be seeking money to recoup medical bills They may also be attempting to show an inability to work in order to receive disability. Either way, Instagram photographs can discredit their claims if they show something to the contrary. Recently uploaded photos of the individual participating in sports can discredit their claim. Other photos of physical activities may be used as evidence against them as well. This could cause them to lose the case unless they can prove that the photos were from a time before the injury that they are claiming.
Photos with timestamps can also be used to corroborate or refute a person’s alibi. If a defendant is being accused of a particular crime, their posts may pose as evidence. Posts may indicate that they were in a different place at the time of the crime. Location services such as geotagging can be useful. Geotagging can give even more validity to the use of these posts as evidence.
Instagram Cyber-Bullying Lawsuit
In 2014, Houston parents Reymundo and Shellie Esquivel brought a lawsuit against 6 students after finding that the teens had been harassing their daughter. They settled with the 7th student accused of harassment. The harassment occurred over Instagram. Multiple posts show the group of teenagers maliciously bullying their 16-year-old daughter. This was all done via an account that was created solely for this reason. The posts revealed the bullying occurred over the course of several months. However, the bullying itself occurred for approximately a year altogether. The teens were sued for libel. The Esquivels also went after the parents of the students for negligence.
Instagram posts show pictures of the victim alongside other sexually explicit pictures. some pictures could be classified as child pornography. The posts included language littered with vulgarities and cruel words. These posts were also accommodated with sexually inappropriate comments. Unfortunately, the page gained a following of over 900 people before it was shut down. Not only that, but the teen was not the only student targeted. Luckily, the teen’s parents sought legal advice. The parents allege that their daughter was left with emotional trauma after the incident.
In this case, Instagram data provided significant proof against the offenders. They were able to prove the posts were made by the accused students. The number of posts provided much-needed evidence. The extent of the harassment added an abundance of evidence too. The proof lead to a victory for the family of the teen. It is likely to set a precedent for upcoming cases. Social media, especially platforms like Instagram are becoming more commonly used as evidence. This is occurring more often in courts across the nation as well.
CONTACT HERRMAN & HERRMAN IF YOU HAVE BEEN INJURED IN ANY OF THE FOLLOWING TYPES OF ACCIDENTS:
We can help you if you have been harmed by the following:
- Car accidents – Our lawyers have extensive experience handling car accident cases. We will work to identify the party or parties at fault for the crash and build a case to demonstrate persuasively how the parties caused the accident and your injuries. We will seek fair and full compensation through a negotiated settlement or at trial if necessary.
- Truck accidents – Thousands of large commercial trucks travel the roads of Texas every single day. Unfortunately, careless truck drivers and trucking companies disregarding safety put innocent people at risk of serious injuries. If you’ve been injured in a truck accident, let our experienced Texas personal injury lawyers stand up to the trucking companies and insurers on your behalf.
- Motorcycle accidents – Motorcycle riders often suffer grievous injuries in crashes caused by other motorists. Too many motorcycle accidents in Corpus Christi are caused by careless drivers who don’t look for motorcycle riders or violate their right of way. Our personal injury lawyers will work to cut through the bias and stigma against motorcycle riders. Our goal is to seek the financial compensation that you’ll need to recover from a serious motorcycle accident and injuries such as bone fractures, road rash, or traumatic brain injury.
- Product liability – Product manufacturers have a legal obligation to make products that are safe for their intended uses and to warn consumers of any risks that may come with the product. When products have design or manufacturing defects or undisclosed dangers, the product manufacturer may be legally responsible for injuries suffered by consumers. Our attorneys can help you evaluate whether you have a valid product liability claim.
- Brain injury – Brain injuries can leave accident victims with disabilities that leave them unable to work or perform many tasks of daily living. Seeking compensation for a brain injury in an accident often proves incredibly complex. The brain injury survivor may seek compensation for anticipated future medical care and the medical care already provided. Our personal injury lawyers can help you through the difficult recovery process following a brain injury and will fight to make sure you have the resources you need.
- Spinal injury – Spinal cord injuries could cost millions of dollars of care over the course of the victim’s lifetime, especially when those injuries result in partial or complete paralysis, such as paraplegia or quadriplegia. If you or your loved one has suffered a spinal cord injury, you deserve compassionate legal representation. Our attorney can help you determine whether you may be entitled to claim compensation for your injury and expenses related to living with the disability, such as making a home more accessible.
- Wrongful death – If you have lost a loved one due to the negligent or reckless actions of another party, your family deserves to seek accountability and compensation from those at fault for the wrongful death. Our caring and dedicated attorneys can help guide you and your family through this difficult and painful time and seek justice for your loved one.
