You’ve seen them everywhere. Bracelets that track your exercise and activity levels. They have become a staple for those seeking to stay physically fit, and now they have the potential to end up in a courtroom.
When a person is involved in a personal injury case and is requesting compensation for injuries they received that have affected their activity or lifestyle, the legal community has relied on medical professionals’ observations to determine the extent and level of injury. Occasionally their opinions are subjective or biased. There has been limited ways to actually and objectively track a person’s activity level, until the advent of these little bracelets.
A precedent could be set by a law firm in Calgary that is hoping to utilize activity data from a Fitbit to demonstrate the effects an accident had on their client.
Their client, a young woman and former personal trainer was involved in an accident, and her lawyers are counting on her Fitbit to demonstrate how low her activity levels have dropped due to the accident.
It won’t be an easy process, as data from the population will need to be gathered to establish a baseline. But once data is established to identify active versus non-active individuals, the comparative base should be available.
The data from her Fitbit will be channeled to Vivametrica for the purposes of conducting an assessment.
The use of the Fitbit has far reaching implications. Both sides of the case could require that the data be provided to the court. It could make or break a case. But the data has the potential of being undisputed as long as the same person is wearing the bracelet.
Ultimately, a court or lawyer could subpoena records from a Fitbit program in order to prove or disprove a case.
Some would suggest that technology can be used as an infringement upon someone’s right to privacy. But one thing is for sure, it will be interesting to see where this goes. Digital information on a person’s medical history, phone calls, whereabouts, and expense history has already found their way into courtrooms. This device could become a body’s black box.
Kenneth Marks Law Firm
Our law firm has more than 33 years’ experience handling personal injury cases. We can provide you with experienced, aggressive and specialized representation in recovering compensation for injuries you may have sustained due to another person’s negligence. We provide personalized and professional service, and will fit to get you the compensation that you are entitled to.