Activity Trackers in the Courtroom
One of the new wearable gadgets gaining in popularity is the Fitbit tracker. It’s a wristwatch-like device that tracks the physical activity of whomever is wearing it. It tracks activity, exercise, food, weight, and sleep to help the wearer reach their fitness goals. Soon, it may be helping to win or lose cases in the courtroom as well.
In the first case known to use Fitbit data as evidence, a Canadian woman is using her tracker to prove that the injuries she sustained in the accident in question have limited her physical abilities. Prior to the accident, the young woman was a personal trainer. During that time, Fitbits were not yet on the market. However, by using the Fitbit data from present-day, her attorney is attempting to prove that her activity level is far below the baseline for someone of her age and profession. This evidence may help her win her case.
The use of Fitbit data in future cases won’t be limited to victims only. Insurance companies will also want access to this information. They could use it to prove, or insinuate, that a victim is overstating their injuries.
Anyone involved in a personal injury case or who is applying for disability benefits should refrain from wearing fitness trackers like Fitbit.