Social Media and Your Personal Injury Claim: Part One
If you have been hurt in an auto accident and are thinking about, or are already, pursuing a personal injury claim, and are one of the millions of people utilizing social media, there are things you need to keep in mind before posting on your online profile.
Anything you post, including seemingly harmless posts about a recent vacation or outing with friends and family, might be used by the insurance company to deny or limit your claim.
Keep the following in mind before you post:
- Request that your friends do not “tag” you in their posts as you do not have control over what they post.
- Change your privacy setting to maximum security, make your profile private, or temporarily suspend your profile.
- Do not accept “friend” or “follow” requests from accounts that you do not know.
- Do not post anything that you would not want a jury or a judge to see, even if you think you have a good explanation for it.
- Do not post anything about your personal injury claim.
- Do not post anything about your medical care.
- Do not post anything about conversations between you and your attorney.
When your haunted house visit leaves you with more than just nightmares.
Now that it’s October, signs of fall are popping up all over Denver. Leaves are changing, pumpkins are popping up on front porches, and advertisements for haunted houses are appearing.
If you’re one of many haunted house patrons, you may love the fear and suspense that comes from these attractions. But not everyone leaves haunted houses unafflicted. If you come away feeling harmed, don’t blame the ghosts, clowns, and zombies, accordingly to recent court decisions.
In a recent lawsuit, an adult became frightened while visiting a local haunted house and attempted to flee the house to get away from a saw-wielding employee. During his attempted escape, he fell and injured his arm. The man then sued the haunted house. The lawsuit was eventually thrown out of court with the judge noting that “the point of the [haunted house] is to scare people.”
In another lawsuit, an adult sued a haunted house for emotional distress after seeing what she described as excessively gory and frightening scenes during the tour.
Being frightened is an inherent risk, and often the whole point, of visiting a haunted house. When a customer visits an attraction and becomes injured, either physically or emotionally, due to an inherent risk, it is difficult to recover damages. It is only when the haunted house unreasonably increases the normal inherent risks of a haunted house that they can become responsible for injuries. For example, if a large quantity of fake blood on the floor caused slippery conditions that led to a slip-and-fall injury, this may be actionable. However, simply the fright caused by such a scene would be considered an inherent risk.
If you venture out into one of Denver’s many frightening haunted houses this October, make sure you know what you’re signing up for.
Typically, the parents or the guardian of a child under the age of 18 will bring a claim on the child’s behalf for compensation of injuries that a child sustained.