There’s no doubt about it: Pokemon Go is incredibly popular. With about 20 million daily active users, the app’s popularity has skyrocketed since its July 6th release. It has even purportedly overtaken both Facebook and Twitter in active users. In the game, players use their smartphone GPS to discover Pokemon in real-world locations. This means that users will need to be moving as well as monitoring their device for new Pokemon. As one could imagine, having your eyes glued to a phone while moving around poses a certain risk.
And this risk has clearly been evident, as Pokemon Go players have experienced no shortage of theft, injuries, and even death.
The Question of Liability in Virtual Reality Games
As with any new activity, questions of who holds the burden of responsibility in the event of an injury are starting to be asked.
These questions are difficult to answer as Federal, State, and Local laws all need to be taken into account. Furthermore, the actions of the parties involved in the injuries are also examined closely. If you’ve been involved in an injury, we highly recommend seeking professional personal injury lawyer as soon as possible.
Can Niantic, the Pokemon Go developer, be held liable for injuries sustained while playing?
When players launch Pokemon Go, they’re greeted with a warning during the loading screen that reads:
“Remember to be alert at all times. Stay aware of your surroundings”
After loading, players must also agree to another prompt:
“Do not trespass while Playing Pokemon Go”
This is in addition to the comprehensive Terms of Service one must accept prior to installation of the app. Another recent addition is a prompt that displays when the GPS senses the player is traveling too fast, possibly indicating they’re driving a vehicle. The player then must select the option that they’re a passenger.
Whether or not this renders Niantic immune from a personal injury lawsuit remains to be seen, especially in the case of an underage player, where the contractual Terms of Service may not apply.
Trespassing on Home or Business Private Property
Players: Trespassing on a property may be illegal and could result in fines, arrest, and civil action against you. If injured while trespassing, your claims could be reduced or denied, leaving you with a large medical bill to pay. Furthermore, players have been found breaking into homes and businesses to catch a Pokemon. Not only is this illegal, but dangerous as certain States authorize the use of deadly force to protect oneself in a break-in. One teenager in North Carolina was killed after a homeowner used deadly force when he broke into her home to catch a Pokemon.
Property Owners: Home and business owners are encouraged to call law enforcement if trespassers refuse to leave the property or if you feel unsafe at any time. Remember that you could be held liable if an individual injures themselves on your property. While the individual may be on your land without authorization, there is still no excuse for having a hazardous property.
Pedestrian and Motor Vehicle Accidents
Pedestrian: Generally, pedestrians have the right away and vehicle drivers don’t fair well in court if they hit a person crossing the street, as any car accident lawyer could attest to. If it was found you were playing an app and negligently crossed the road, this could directly impact your claim based on your determined fault percent.
Driver: Many states have laws governing the use of a cell phone in a vehicle. If your eyes were on a phone and not the road, you could be held liable for any injuries caused as a result of your negligence, as well as lose your chance at reimbursement.
Play It Safe: Use Common Sense and Follow the Law
While this information reinforces the importance of common sense and playing safe, we still encourage users to review laws relevant to their real world location and consult an attorney if they’re unsure. Injury law can vary by location and players that don’t abide may find themselves facing harsh penalties in court.