“We’re constantly adding more shelf space. Consumers have many options right now. So many that it’s confusing. We’re going to sell a lot of these for Christmas” said the helpful Best Buy employee to me. He’s right there really are a lot of fitness wearables on the market ranging from cutting edge to fairly low tech.
We are witnessing Act 1 of the wearable revolution.
What happens outside of the courtroom eventually finds its way into a courtroom. Newton’s 28th law of thermodynamics or something.
We represent folks who are injured as a result of others violating safety rules. Sometimes our clients suffer life altering injuries. We’ve represented a cyclist whose riding was limited. A musician who was unable to play and the dancer who can’t dance. And many more folks who are simply unable to move as they once did or unable to do the things they loved to do.
The very things, like running, that make us human.
Frequently, insurance defense lawyers accuse folks who have been injured as a result of their insured of faking their injuries. They try to undermine reports of treating physicians. They may hire surveillance and video tape our clients at family functions. They do this because they are looking for any discount possible on the harms and losses that their insured has inflicted.
We fight these lies with truth. One of the things we do is subpoena gym records. We call fact witnesses who can testify of our clients activities before and after a wreck. We fight back.
Fitness trackers are going to be on the front lines of this fight. Engadget reports:
Insurers couldn’t force you to wear a smart band, but they might compel you to hand over data….In that sense, fitness data is a double-edged sword. While it might save your hide in certain legal battles, it could be a smoking gun in others.
There is not question in my mind that the data that wearables collect will become one of the most significant pieces of evidence injury cases. In order to be successful in prosecuting a claim, lawyers must know both the law and the technology.
So when you put on your new “FITBONE” for the New Year do so knowing that you may one day be subject to cross examination on the data.
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If you have been injured as a result of someone violating safety rules – contact us immediately for a free consultation.