A woman that filed a lawsuit against a bar after being hurt in a fall, is facing her own images and messages from the social networking site Facebook in a smear campaign, as reported by the Daily Journal.
The case is also being cited as one in a growing trend where posts from social networking sites are used as evidence.
B.B., a University of Kentucky student, fell from a bar while celebrating a pal’s birthday in 2008. The Nashville nightclub, known for encouraging female patrons to join existing bar personnel on top of the bar to dance, is pushing to use B.B.’s Facebook account to portray her as a drinker.
B.B. was seriously injured in the fall.
A federal judge, per a Tennessean newspaper report, is said to have ordered Facebook to produce B.B.’s photos, messages and posts. The judge has also brought a friend of B.B.’s into the litigations – as a possible witness – by also ordering her Facebook account checked for messages.
The nightclub allegedly wants the evidence to show that B.B., as a drinker, should have been responsible for her own actions, and that she should have known not to get up on the bar after drinking.
Attorneys for B.B. believe that the bar is only trying to put their client’s character into question. The attorneys are now asking to include information – admissible in court –
about past accidents in the nightclub.
In the September 2008 incident, B.B., along with her friends, tried to dance on the over-slick bar. She was unable to maintain her balance, fell, and hit the back of her head against the floor.
Her injuries included a brain hemorrhage, a fractured skull and the loss of her sense of smell.
The club has stated that B.B. should have been aware of the risks of climbing up onto a bar to dance, and, should have been more careful to ensure she didn’t hurt herself.
The bar wants B.B.’s Facebook photos – that allegedly depict her drinking alcohol before and after the accident – admitted in the case.
Facebook argued that federal law prevents them from disclosing their files. But, Facebook cannot prevent messages and images from being taken from the site to use in the case.
U.S. Magistrate Judge Joe Brown set up a Facebook account of his own to try to “friend” each of the witnesses. He had hoped that would allow him to review any relevant postings for himself.
Not one accepted his friendship requests.
B.B.’s Facebook profile was sent to Judge Brown – under seal – once she consented to having her records turned over to him.
The bar is continuing to fight off any evidence that would show their business being irresponsible.
Lawyers for B.B. have argued, via court documents, that the nightclub has unfairly targeted their client to have her look like a partier.
Have you taken a tumble in private or public property? If you were hurt as a result of a fall, monetary compensation may be due for your injuries. Contact a personal injury lawyer today to assist you.