AI is everywhere: your computer, your phone, and even in your wearable smart devices. Many people use these devices to support their health by measuring aspects such as steps, heart rate, and more. Besides tracking simple things like the number of steps you take in a day, many of these devices now advertise that they can help detect issues such as arrhythmias or even falls. However, what happens when you fall and hurt yourself, and the device does not act as promised? A personal injury lawyer can explain that multiple risks are involved in these scenarios, including data privacy concerns.
Predictive Health
Companies use AI to predict your health. This is achieved by analyzing your biometric data to predict potential health risks, such as heart attacks. For example, Apple Watches detect irregular heartbeats; other apps can warn if someone is at risk of falls. All of this is done by monitoring your behavior and using that information to predict your future medical outcomes. While this may have sounded like a sci-fi movie in the past, many people now rely on these devices to help keep them safe and secure. This is for both individuals who are already aware of their conditions and those who simply want to feel secure knowing a third party is looking out for them.
Where Personal Injury Enters The Picture
If a device is specifically advertised to alert users to potential fall risks and it fails to do so, can someone be held liable? As our friends at Cohen & Cohen can attest, parties can be held liable depending on the circumstances. An attorney will need to review your case to determine where fault lies. For example, if the manufacturer fails to create the product according to the specifications, they can be held liable for any resulting injuries. If the software running the device malfunctions, developers can be held accountable. Even data providers can be held liable if their service prevents the device from working.
In this type of situation, it is a product liability case, as the product caused you harm; however, it can be tricky to prove who is responsible for your injuries. Insurance companies and manufacturers may attempt to claim that you were not using the device correctly and that the injuries were due to user error. That is why it is essential to work with an attorney who can get to the cause of your injury.
Privacy Concerns
Each of these wearable devices comes with its own terms and conditions and a corresponding privacy policy. Most people never read either of those. That information may authorize third parties to access your data for review, such as insurance companies. Those agreements can also allow other companies to own your data. This is an essential point because whoever owns the data will need to be subpoenaed so that it can be reviewed for your case. It can be challenging to determine who owns the data, given that numerous companies have access to it, and they may be protected by privacy rights that users are unaware of.
Regulations
Most of these wearable devices are not created under regulations, which means there is a greater chance they may cause harm. The FDA oversees some devices if they claim to diagnose or treat conditions. However, most common wearable devices fall out of this scope. HIPAA might protect you at the doctor’s office, but that does not necessarily extend to tech companies unless they are explicitly acting on behalf of health entities. That means these tech companies are operating essentially without restrictions on these products and the data they provide.
If you have been injured due to a wearable health device, contact an attorney near you to determine who is liable for your injuries.