A Canadian law firm is utilizing wearable technology to provide information in assessing a personal injury client’s loss and potential damages. McLeod Law in Calgary states on its website that it is using “Vivametrica’s Functional Activity Assessment tool provides a method for the early assessment of the strength of a client’s case. The Functional Activity Assessment closes the gap between what a client perceives and what is objectively verifiable.” Vivametrica states that it analyzes data from wearable sensor devices for the assessment of health and wellness. While not exactly using Fitbit data directly, reportedly the technology “uses public research to compare a person’s activity data with that of the general population.” As noted on the Vivametrica website, this technology also allows caregivers to engage on a more specific level with the wearers. In the Canadian case, reportedly this is the first time such technology will be used directly in a court case.
This will be an interesting test case in terms of not only presenting the plaintiff’s case for damages but it will be interesting to see how defendants and juries respond to the introduction of such evidence and whether this presents a new standard for such cases.