Wearable technology and smartphones are ubiquitous—as is the potentially useful data they collect.

At least one in six American consumers own and use wearable technology—watches and fitness monitors that allow the compilation and exchange of data without the user’s involvement—based on a 2016 study cited in Forbes. The Pew Research Center recently reported that around 250 million people in the United States, 77 percent of the population, own and use a smartphone. Most smartphones come with a variety of health-related applications that measure and provide statistics. Data from these devices often include movement or steps taken by the user on any given day and other health-related metrics such as diet and respiration. With millions of these devices in use throughout the nation, the data they collect could be highly relevant evidence in personal injury cases.

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