Devices and apps that measure and record health information may have unintended consequences in a personal injuries claim.
Wearable fitness devices that record things like activity level, heart rate, sleep cycles and other health information may potentially be used as evidence in a personal injury claim. This information may also be recorded by smartphone apps.
In a personal injury case in Canada in late 2014, a fitness instructor’s Fitbit data was used to show her reduced mobility after her accident. There is nothing stopping similar evidence from being used in a Queensland claim.
Such data may also be used against a personal injury claimant if it shows a person is more active than they claim to be.
However, the data may not always be reliable. It has been proven that tattoos may affect the accuracy of the heart rate data recorded by the new Apple Watch.
This is another example of how computer technology is finding its way into Australian court rooms.