How Social Media Evidence is Changing Premises Liability Cases in 2025
In an age where so many moments are captured, posted, and shared online, social media evidence is becoming a central component in many personal injury lawsuits, especially in premises liability cases.
At Bottlinger Law L.L.C., we’ve seen firsthand how social media claims are reshaping how courts evaluate liability and damages.
Whether it’s a slip-and-fall accident, dog bite, or unsafe property condition, the digital footprint left on platforms like Instagram, Facebook, TikTok, and even neighborhood apps like Nextdoor can make or break a legal claim.
The Rise of Social Media Evidence in Premises Liability Cases
Premises liability lawsuits involve injuries that occur on someone else’s property due to dangerous or unsafe conditions.
Traditionally, these cases relied heavily on eyewitness accounts, surveillance footage, and expert testimony. But in today’s legal environment, social media evidence in premises liability has taken on a new role.
Plaintiffs are increasingly using posts, photos, and even timestamps to prove:
- The hazard existed at the time of the accident.
- The property owner had notice of the danger.
- The injury caused significant disruption to their lives.
On the other hand, defense attorneys scour social media for evidence that may undermine the injured party’s claim, such as photos showing physical activity, vacations, or statements contradicting their injuries.
How Social Media Can Help or Hurt Your Case
Social media is a double-edged sword in court, and there are ways it can impact your Omaha premises liability lawsuit.
Establishing the Condition of the Property
Photos or videos posted by the injured person, witnesses, or others at the location can show:
- Broken steps or missing handrails
- Wet floors without signage
- Inadequate lighting or maintenance
These can serve as real-time documentation, proving negligence in maintaining safe conditions.
Revealing Injuries or Inconsistencies
While social media can support your case, it can also be used to discredit it. For example:
- A plaintiff claims a back injury but posts videos dancing at a wedding.
- A status update says, “Feeling fine!” after the accident.
- Tagged photos show them hiking or playing sports post-injury.
In 2025, legal teams are using AI tools to scrape social media for this kind of content, even if it’s deleted or restricted.
Witness Identification and Corroboration
Platforms like Facebook and TikTok often expose eyewitnesses who may not even realize they captured relevant content. For example, comments, check-ins, or event posts can be used to identify people who were on the premises and could testify to what happened or what the property looked like.
Legal Implications of Social Media in 2025
The legal implications of social media are growing more complex. There are things that both plaintiffs and property owners need to keep in mind.
Posts Are Public—Even if Set to Private
Even if a post is marked “private,” it can be subpoenaed if deemed relevant. Courts generally find that relevance outweighs privacy when it comes to posts involving injuries, timelines, or mental/emotional state.
Changing or Deleting Posts Can Be Evidence Tampering
Deleting or altering social media content after filing a claim, or being notified of a potential claim, can result in sanctions for destroying evidence. Plaintiffs should be advised not to scrub their online profiles without consulting an attorney.
Metadata Matters
In 2025, courts are paying attention to the metadata attached to images and posts, such as timestamps, geotags, and device IDs. This makes it nearly impossible to fake or misrepresent when and where content was created.
What Should You Do If You’re Involved in a Premises Liability Case?
At Bottlinger Law L.L.C., we advise clients to proceed cautiously with social media if they’re involved in or considering a lawsuit. There are some immediate steps to take.
1. Limit Posting
Avoid posting anything related to your accident, injury, or recovery. Even seemingly innocent updates can be twisted.
2. Review Privacy Settings
While nothing is ever truly private online, updating your privacy settings and being mindful of who can tag or mention you is smart.
3. Avoid Discussing the Case
Don’t post about your legal claim, medical treatment, or the property owner involved in the case. This could be used to challenge your credibility.
4. Preserve Relevant Content
If you or someone else has photos or videos from the scene, preserve them immediately. These could serve as key evidence later.
5. Inform Your Lawyer
Tell your legal team about any posts that may be relevant, even if they’re potentially damaging. It’s better to address them early than to be blindsided in court.
How Attorneys Are Using Social Media Evidence Strategically
At Bottlinger Law L.L.C., we integrate social media investigations as a core part of our premises liability litigation strategy. In 2025, this means:
- Working with digital forensic experts to validate online content
- Sending targeted discovery requests to uncover private posts or deleted content
- Advising clients on digital behavior to preserve the integrity of their claim
- Using public posts to identify witnesses, timelines, and hidden hazards
We also review the social media accounts of defendants, such as businesses or property managers, who may inadvertently admit fault in a post or comment.
Why Choose Bottlinger Law L.L.C.?
With evolving rules around online evidence in court, you’ll want to find an Omaha personal injury attorney who understands both traditional premises liability law and modern digital forensics.
Our law firm stays on the cutting edge of how social media claims are shaping litigation outcomes in Omaha and across Nebraska. This means that whether you’re injured on commercial property, in a rental unit, or at a public event, we can help you gather, protect, and leverage the digital evidence to support your case. Call (402) 505-8234 today for a free consultation.
Bottlinger Law
Consultation Form
Our legal team is ready to help. Please fill out the form below to set up a free consultation with the Bottlinger Law team.