In a personal injury case in Canada involving a personal trainer, Fitbit data will be used to prove that as a result of the injury, the trainer, or plaintiff in this court battle, is not able to perform as she used to or similarly to someone in her age. The case is one of the first of its kind and may set a precedent on the introduction of personal data collected through wearable devices.
Interestingly, the case isn't using Fitbit data to compare the plaintiff's performance before and after the accident as the wearable was not available four years ago before her injury. Rather, it's used to compare the performance of a person with a presumed active lifestyle pre-accident to what her performance is today against the performance of her peers in a similar age range. As reported by Forbes:
The young woman in question was injured in an accident four years ago. Back then, Fitbits weren't even on the market, but given that she was a personal trainer, her lawyers at McLeod Law believe they can say with confidence that she led an active lifestyle. A week from now, they 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 law firm won't be using raw data collected from Ftibit's wearable wristbands, but they will use Vivametrica to analyze that information and compare activity data to others of a similar age.
Up until now, personal injury claims would often have to be substantiated by interpretations from doctors that are formed after observing a patient for about an hour and a half.
And while the data in this case is being volunteered by the plaintiff, it's unclear if courts will allow data to be subpoenaed in future cases.