Wearable technology and vehicles that know your every move? Ovens and coffee makers connected to the internet? In just a few short months, “The Internet of Things” suddenly has huge implications for litigation. The Federal Trade Commission defines the phrase as everyday objects (other than computers, smartphones and tablets) that connect, communicate or transmit information with or between each other through the internet.
Activity tracking devices, home alarm systems, cars, thermostats, refrigerators and even toaster ovens can all fall into this definition. All of these devices analyze, collect and maintain data that is oftentimes very personal, which is why they have big implications for litigation. That is particularly true when defending personal injury litigation, where the challenge has traditionally been focused on disproving subjective complaints of pain – oftentimes with nothing more than a treating physician’s medical records.
For example, if you are defending a case where a person says they aren’t able to sleep anymore because of their injuries, data from a Fitbit could reveal if this is really the case because those devices now monitor the quality and quantity of a person’s sleep. If someone is claiming to have a significant injury to their leg or back and says they can no longer work, you can figure out exactly how many steps that person took in a day if they wear a pedometer. An alarm system that connects to the internet can tell you when a person leaves and returns to their home. In a product liability case, an oven that connects to the internet may have collected information that provides the key to determining exactly when a fire started and perhaps even its source.
Cars that connect and communicate through the Internet are becoming standard. Requesting all the available information collected on each vehicle involved in a serious accident will likely become standard too. Even if the car involved is a late model, vehicle monitoring devices are being sold for around $150 that can plug into onboard diagnostic ports in all vehicles manufactured after 1996. With a tracking app, a user can find out not only where a vehicle is located but also be provided with a daily report card rating safe driving habits, speed, harsh braking and rapid acceleration.
The internet and technology have allowed more personal data to be collected now than at any point in human history. The amount of data collected will increase in the future as the cost of technology decreases and more everyday items are connected to the internet. In business and in litigation, knowledge is power; in cases where the injury is significant and the expense is justified, we will see a lot of discovery focused on obtaining and making some sense of the very personal data collected by these devices.
It is hard to believe that in such a short time data collected by the “Internet of Things” has become so significant for litigation. The implications will eventually evolve more toward the privacy, storage and protection of this data, but for now, it’s time for litigators to get creative about harnessing and using this information to polish up a good, old-fashioned party, witness or expert cross-examination.