Summary of article from Butler Snow LLP, by Katelyn Ashton, Susanna Moldoveanu:
Wearable technology can play an important role in civil litigation due to its ability to collect extensive health and activity data, such as heart rate, sleep patterns, and physical activity. This data can provide critical evidence in personal injury and product liability cases, helping to substantiate or refute claims about a plaintiff’s physical condition and activity levels before and after an alleged incident. Legal standards for discovering and admitting such data are evolving, with courts generally supporting its relevance while balancing privacy considerations. Strategic use of written discovery requests, specific data formats, and expert testimony can effectively incorporate wearable device data into legal proceedings. This shift underscores the growing evidentiary value of personal health data from wearable devices.