Wearable Technological Devices: a New Tool in Personal Injury Law
by
Theodore A. Spaulding on Sep. 02, 2015
Accident & Injury Personal Injury Consumer Rights Consumer Protection Industry Specialties Communication & Media Law
Summary: In recent years, wearable technological devices such as the Fitbit have evolved as a popular tool to track steps, miles, calories burned, heart rate, and similar information related to physical activity.
In recent
years, wearable technological devices such as the Fitbit have evolved as a
popular tool to track steps, miles, calories burned, heart rate, and similar
information related to physical activity. Though these devices were primarily
designed to help consumers track their fitness, they have the potential to be
useful in other realms as well, including law.
Many
personal injury cases are ripe with speculation that the plaintiff who filed
the claim is exaggerating the severity of their injuries or the limitations in
their life caused by the injuries. Medical professionals and similar expert
witnesses have long been utilized to give their opinion of how a particular
injury could limit a victim. In addition, the victim can take the stand to
testify to the effects they have experienced. However, such testimony is often
less persuasive to a jury than concrete data or numbers would be.
In recent
months, some personal injury victims have been
wearing Fitbits1 to track their number of steps and
amount of physical activity on a daily basis. These numbers can then be
compared to their previous statistics or—if they did not previously track their
activity—the average data of a healthy individual or their age and profession.
In doing so, plaintiffs are hoping to more concretely demonstrate the
limitations they have experienced since their accident and injuries.
Fitbit
evidence not foolproof for plaintiffs
Like many
other types of legal evidence,2 Fitbit data is not
guaranteed to convince a jury that a plaintiff is telling the truth about the
extent of their injuries. For example, the defense in a personal injury case
may try to claim that a plaintiff is intentionally taking fewer steps, being
less active, or not consistently wearing the device to manipulate the data. In
addition, a defense may even request that a plaintiff wear a Fitbit or similar
device to prove that they are more active than they claim. Plaintiffs'
attorneys will have to be prepared for these tactics related to wearable
technological devices.
Contact
an Atlanta personal injury attorney today
If you have
sustained an injury, you need a personal injury lawyer who stays up to date on
all of the advancements in personal injury law. Please do not hesitate to call
the Atlanta firm of Boling Rice LLC at 770-744-0890 for a free
consultation today.
1http://www.forbes.com/sites/parmyolson/2014/11/16/fitbit-data-court-room-personal-injury-claim/
2https://www.law.cornell.edu/wex/evidence
