Aug 29, 2017
Since the advent of Facebook in 2004, (and other social media platforms), there has been a shift in the way personal injury cases are handled. This has a lot to do with the fact that the online sphere leaves a trail of digital footprints behind that is so powerful it can help build or discredit a personal injury case. The cyberworld impacts personal injury law in multiple ways:
Cyber victim surveillance, is far less expensive and timely. This makes it more prevalent. Previously, it might have been less affordable to hire a private investigator to stake out an alleged injury victim’s home (for incriminating evidence) or to monitor their daily whereabouts (for photographs or video footage) that shows they did something they legally should not have done or swore under oath they could not do. Now, thanks to Facebook, Twitter, Instagram, Snapchat, LinkedIn, Google Plus, blog forums, YouTube channels, Pinterest and specialized tracking software, you can still find information that can help build or discredit a case.
There is more legal recourse for victims of cyber bullying. Unfortunately, there were never laws in Ontario that directly prohibit bullying. It was not until the act of bullying crossed the less-traceable, non-virtual terrain into the digitally foot printed online landscape that better legal recourse for parents of children who are being bullied came available. While the law hasn’t changed, it is the Ontario Education Act that mandates school boards are held liable if they do not have prevention plans, support systems and policies that are crafted to avert the kind of repeated, aggressive behaviour that causes harm, fear or distress to students (which also include abuse if it takes place online). Plus, the fact that the cyber realm is an observable area that is easily monitored, it is easy to trace who is responsible for doing and saying what.
It is possible to monitor who is:
- Sending threatening emails or text messages
- Excluding others on social media and instant messaging
- Non-consensually obtaining and sharing of personal information or posting illicit photographs
- Impersonating or hacking someone’s social media accounts to post misleading messages
- Cyberstalking and harassing of online communities and message boards.
Due to the Ontario Education Act, school boards and other youth- serving organizations are liable in a court of law for any negligence to protect the physical, emotional, social and intellectual well-being of their students.
If your child is experiencing bullying in any form, The Morris Law Group in Hamilton has a number of highly skilled personal injury lawyers that can assist you in compensation for any type of injuries sustained as a result of bullying.