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Activity trackers in personal injury claims

In the era of Strava, Garmin, and the Apple Watch, I find myself increasingly asking my sportier clients who have suffered serious injuries if they used a wearable activity tracker device pre accident, and if they have retained and shared any training data.

22 September 2015

Where they have been fortunate enough to return to some level of training post accident, I have asked if they have recorded their training data on the tracker to form part of disclosure in their case, to provide evidence of their pre and post-accident fitness levels and activities. But how useful are such devices as evidence, and are we going to see them being routinely used and disclosed in personal injury (PI) claims?

The waters are already being tested in this field in Canada in a reported PI lawsuit involving a claimant who was a personal trainer pre accident and is seeking to rely upon the use of an activity tracker device to measure the decline in her activity levels post accident.

Any party seeking to rely upon such evidence will need ?to ensure that it is in accordance with the Civil Procedure Rules overriding objective, in that disclosure of data from such a device is proportionate to the claim being presented. ?The use of such devices may well become ...

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