Premises Liability and Improper Security Claim Premises Liability and Improper Security Claim
Client: A Major Insurance Company
Industry: Insurance
Services Provided: Mobile Forensic Analysis, E-Discovery
Summary:
Result: Favorable Outcome for the Client through Critical Data Recovery
Background: An apartment complex insured by a major insurance company was sued following a tragic
shooting incident in their parking lot. The decedent, suspected of being a drug dealer, was allegedly
using the apartment complex’s parking lot to conduct a drug transaction. It was assumed that the
incident was a drug deal gone bad, resulting in his death.
Challenge: During the legal proceedings, the girlfriend of the decedent testified that he regularly used
WhatsApp to communicate with her and others. The complexity of recovering data from messaging
apps like WhatsApp, especially regarding the encryption and the way data is stored on devices, posed a
significant challenge in proving the nature of the decedent’s activities at the time of the shooting.
Engagement: The panel counsel for the insurance company requested the preservation and forensic
analysis of the decedent’s mobile phone to recover texts, chats, and other communications. This was
crucial to establish a comprehensive understanding of the decedent’s activities leading up to the
incident. An opposing forensic expert initially handled the data recovery but reported an inability to
image the phone or capture data from WhatsApp, which raised suspicions about the completeness and
accuracy of the data recovery process.
Findings: Relevant Data Technologies (RDT) was brought in to review the work done by the opposing
expert. RDT quickly identified discrepancies in the data provided; notably, there were no WhatsApp
messages included. RDT challenged the opposing expert’s methods, asserting that inappropriate
techniques and software were used, which led to incomplete data recovery.
On a crucial conference call with the court and opposing counsel, RDT articulated these issues and
submitted a detailed protocol describing the proper process for mobile data recovery. This protocol was
accepted by the court and adopted for use in the matter.
Outcome: Following the adoption of RDT’s protocol, a thorough and accurate forensic imaging of the
decedent’s phone was conducted. The new forensic examination revealed critical data from WhatsApp
that confirmed the decedent’s involvement in drug dealing activities at the time of his death. This
evidence was pivotal in shaping the narrative of the incident and demonstrated that the apartment
complex had limited ability to foresee or prevent the specific criminal activity that occurred.
The detailed and precise data recovery led to a favorable outcome for the client, as it substantiated the
defense that the apartment complex was not liable for the unforeseen criminal acts that led to the
decedent’s death.
Conclusion: This case study underscores the indispensable role of advanced forensic technology and
expert E-Discovery services in modern legal challenges, especially those involving complex digital
evidence. Relevant Data Technologies’ expertise in mobile forensic analysis proved essential in
navigating the technical challenges and legal complexities, ultimately contributing to a successful legal
defense, and mitigating potential liabilities for the client. The ability to retrieve encrypted and deleted
data can be crucial in legal outcomes, highlighting the importance of employing the right technological
and forensic strategies in litigation
