Goldberg Segalla partner Frank Ramos authored an article published in PLI Chronicle examining a rapidly emerging area of product liability litigation: inaccurate health readings from wearable technology.

In “When the Watch Gets It Wrong: Inaccurate Wearable Health Readings and the Coming Wave of Product Liability Claims,” Frank explores how consumers’ growing reliance on smartwatches and fitness trackers is creating new legal risks for manufacturers when health-monitoring features fail to perform as expected.

As wearable devices increasingly provide information on heart rhythms, blood oxygen levels, and other health metrics, consumers often view that data as reliable. When those readings are inaccurate, however, the consequences can be significant.

“The device did not merely fail to help; it may have harmed,” Frank writes. “It actively reassured him that nothing was wrong.”

Frank explains that recent FDA guidance changes have reshaped the litigation landscape by reducing regulatory oversight of many consumer wellness products, potentially weakening traditional defenses based on regulatory compliance and federal preemption. He notes that manufacturers may instead need to demonstrate that their products meet reasonable industry and testing standards.

The article also addresses anticipated failure-to-warn and design defect claims. Frank argues that manufacturers should ensure marketing claims align with product capabilities, provide clear point-of-use warnings, and carefully document engineering decisions and testing protocols. He further emphasizes the importance of explaining the real-world tradeoffs between accuracy, battery life, usability, and cost when defending these products.

In closing, Frank urges manufacturers to prepare now for what he believes will be the next wave of product liability litigation.

“The defense lawyers who win these cases will be the ones who understand the technology well enough to explain its limitations, challenge the plaintiff’s causation theory at every turn, and never let a jury forget that a wellness device is not the same as a medical device.”

READ THE FULL ARTICLE HERE (Subscription Required): “When the Watch Gets It Wrong: Inaccurate Wearable Health Readings and the Coming Wave of Product Liability Claims,” PLI Chronicle, July 2, 2026.

MORE ABOUT GOLDBERG SEGALLA’S FRANK RAMOS:

A nationally recognized legal advisor and litigator, Frank has been defending clients in civil litigation for more than 26 years, focusing his practice on retail, product liability, premises liability, trucking, insurance and commercial disputes. A seasoned litigator, he has taken numerous trials and arbitrations to verdict or award.

Frank uses his extensive litigation experience to provide counsel, defense, and strategic guidance to retailers, developers, restaurants, fitness chains, hotels, resorts and other hospitality businesses. His representation has included negligent security, slip/trip and falls, catastrophic personal injury, trucking and motor vehicle accidents, employment and construction claims, as well as a variety of commercial disputes ranging from intellectual property and breach of contract to bad faith, franchise agreements, and landlord-tenant issues.