According to the Pew Internet and American Life Project, more than half of all American adults report using online social networks, and almost 40 percent of American adults who own mobile phones use their devices to access the Internet. Considering the extent to which technology has permeated all aspects of our daily lives, it is no surprise that the Internet and social media have the potential to impact product liability jury trials as well.
For example, in September 2009, the South Dakota Supreme Court upheld a trial court’s decision to vacate a jury’s no-cause verdict in a case involving an alleged defective seatbelt. The trial court vacated the award after attorneys learned that a juror had “Googled” the defendants to determine whether they had faced any other lawsuits involving seatbelt failures. The juror then shared his research findings with his fellow jurors. See Russo v. Takata Corp., 774 N.W.2d 441 (S.D. 2009).
