Ride the Lightning

Fitbit Data May Become Evidence in the Courtroom

November 24, 2014

Forbes recently reported that a law firm in Calgary is working on the first known personal injury case that will use Fitbit data to demonstrate the effects of an accident on their client.

The plaintiff was injured in an accident four years ago, before Fitbits were on the market, but she was a personal trainer – obviously very active. Her lawyers at McLeod Law will start processing data from her Fitbit to show that her activity levels are now under a baseline for someone of her age and profession.

The lawyers aren’t using Fitbit’s data directly, but pumping it through analytics platform Vivametrica, which uses public research to compare a person’s activity data with that of the general population.

Her lawyer says the case is “unique,” and appears to be the first known case where data from a wearable device will likely be used in court.

Needless to say, the Fitbit data is a lot cheaper to use than procuring expert witness testimony. It is also true that insurers will probably want this kind of data when they believe plaintiffs are exaggerating their injuries. Makers of Fitbits and other wearable devices that sync health data on the Internet may be on the receiving end of a lot of subpoenas. If they don't comply, there will undoubtedly be a flood of motions to compel.

John and I have lectured often on IoE (the Internet of Everything) and this was one source of evidence we always mention.

Wearable devices could indeed become a “black box” for the human body. So think about what you are wearing on your wrist!

Hat tip to Kim Haught.

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