Facebook Photos Found to be "Of Limited Usefulness" In Injury Claim
Adding to this site’s¬†archived posts addressing Facebook photos in BC personal injury lawsuits, reasons for judgement were released today by the BC Supreme Court, Vernon Registry, finding such photos to be ‘of limited¬†usefulness‘ when assessing a chronic soft tissue injury claim.
In today’s case (Dakin v. Roth) the Plaintiff was injured in three collisions. ¬†The Defendant unsuccessfully argued that the Plaintiff ¬†”is not a credible witness”. ¬†In support of this argument the Defendant introduced two years of photos taken from the Plaintiff’s Facebook profile. ¬†In discussing the lack of impact of these photos Mr. Justice Cole provided the following reasons:
¬†¬†¬†¬†¬†¬†¬†¬†¬†The defendants have entered into evidence photos posted on the plaintiff‚Äôs Facebook between 2007 and 2009, which the defendants say are inconsistent with her physical limitations.
¬†¬†¬†¬†¬†¬†¬†¬†¬†I do not place much weight on those photographs. They are staged, at a party, and taken on holidays. As stated by Mr.¬†Justice Goepel in¬†Guthrie v. Narayan, 2012 BCSC 734 (at para.¬†30) in respect to Facebook photos:¬† ‚ÄúThose pictures are of limited usefulness. [The plaintiff] is seeking compensation for what she has lost, not what she can still do.‚ÄĚ I agree.