Yes, fitness tracker data can be used as evidence in a Florida injury claim, and the other side can demand it in discovery. Photos of yourself hiking or dancing already undercut a claim of serious injury or loss of enjoyment of life. Social media is only the obvious source. The step counts, heart rate history and sleep logs on your phone and your watch are records too.
Here is what those devices record, what Florida's discovery rules say about getting at it, and what it means for your case.
What Could Smartphone Data Provide?
Nowadays, most smartphones come equipped with various health-related apps that measure activity. In addition, there are many types of wearable fitness trackers, such as the Fitbit or Apple Watch, that monitor a variety of health-related metrics. These devices track metrics such as steps taken by the wearer, diet, respiration, heart rate, and more and relay them back to the user.
So, what does this have to do with your personal injury claim? Activity and personal health tracking data utilized as evidence in a lawsuit could be catastrophic to a victim's case. For instance, imagine a client who was recently involved in an auto accident and claims to be suffering severe damage to the back and to the knee. These injuries would most likely limit a client's physical activity, and they could even claim loss of enjoyment of life among their damages.
Now, imagine if this same client was wearing a fitness tracker or utilizing a health app on their smartphone. If their movement statistics indicated they've walked multiple miles or have taken thousands of steps a day, this client could face significant questions about the true extent of their injuries. Or, even worse, their case could be dismissed entirely.
On the other hand, a client claiming serious injury could benefit from their smartphone or fitness tracker. If their data reflects that activity has been minimal since the accident, this information could corroborate their claim and serve as evidence in their favor.
But Wait, Is it Legal?
Gaining access to activity-tracking data, as well as other personal “health” information such as heart rate, sleep, and biometrics, may provide valuable insight regarding a personal injury claim. Given the volume of data collected by smartphones and accessories, important litigation questions arise. As these are personal, private objects, is it actually legal to use them as evidence in a personal injury case? Whether or not that data is discoverable in a court of law is tricky.
The Florida Rules of Civil Procedure govern discovery in personal injury cases. Rule 1.280 was restructured effective January 1, 2025, so older articles citing rule 1.280(b)(1) point at a subdivision that no longer exists. The scope of discovery is now rule 1.280(c)(1): a party may obtain discovery of “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case,” measured against the amount in controversy, the parties’ resources, and whether the burden of the discovery outweighs its likely benefit. Rule 1.280(c)(3) then states that “[a] party may obtain discovery of electronically stored information under these rules.” Fitness tracker data is electronically stored information.
So if you claim your activity is limited by pain or disability, stored data on your phone or watch is fair game in discovery. Florida courts worked this out first for social media, and the reasoning carries over. In Nucci v. Target Corp., 162 So. 3d 146 (Fla. 4th DCA 2015), the Fourth District Court of Appeal held that “the photographs posted on a social networking site are neither privileged nor protected by any right of privacy, regardless of any privacy settings that the user may have established.” The same opinion noted that “[b]y creating a Facebook account, a user acknowledges that her personal information would be shared with others.”
Therefore, since many fitness trackers have a social component, by opting to share fitness data with friends, a user acknowledges that their personal information will be shared with others.
As technology has evolved, we've seen an influx of new types of evidence. Beginning with DNA evidence, the court has expanded to include emails, text messages, and social media posts. It can be assumed that the court would continue along this path and allow admission for smartphone and accessory evidence, especially given the current Florida Rules of Civil Procedure.
A Personal Injury Attorney's Review: Who Should Be Worried?
Almost anyone carrying a smartphone is carrying an activity log, and a smartwatch or fitness band adds heart rate, sleep and workout history on top of it. If you wear one and you file an injury claim, assume the other side will ask for what it recorded.
These devices collect and exchange data without the wearer doing anything beyond putting them on, which makes this kind of discovery easier than it has ever been. If your injuries are real, the data should support you rather than hurt you. The risk falls on anyone who overstates an injury, because the record on their wrist will say otherwise.
