For what may be the first time, fitness data from a Fitbit appears to be part of a personal injury case being filed in Calgary, Canada. Forbes has the story.
The article doesn’t say outright that the evidence collected by the Fitbit will be admitted. Plaintiff attorneys in a personal injury case are hoping to use the data to demonstrate that their client is far less active than she used to be, and blame an accident for the change in behavior. But first they need to demonstrate the current level of activity, and that’s where the Fitbit data comes in.
We’ve illustrated that tracker data is not necessarily the most accurate in the world, so we wonder if the data and derived analytics might not be successfully challenged. But attorneys may claim that absolute accuracy might not required.
We’re not aware of this kind of data having ever been used before in court. If you know of another such case — or if this is common and it’s somehow escaped our notice — please do leave a comment.