Pokemon Go-related injuries

PUBLISHED 15 Sep 2016

When it comes to phone-based games, the rise of Pokemon Go has been a whirlwind. Yet, players have already found themselves in hot water, causing vehicle collisions that have led to several car accident injuries.

But what does the law say when it comes to people playing Pokemon Go and how could this impact a public liability injury claim?

What is Pokemon Go?

The new craze that has taken to world by storm allows players to find, capture and battle pokemon in the real world.

Yes, that's right – it's called augmented reality.

When you download the app, you are able to physically navigate the area you live in capturing pokemon and using them to fight other app holders. It also involves a number of other paid services, which can help you level-up your captures, making them stronger and more able to defeat your opponents.

Could Pokemon Go lead to injury?

Much of the focus on the new game has been on its positive nature, however, there have also been reports of players getting themselves injured and even killed while playing the game.

In the UK, a young player was rushed to hospital when she touched a Giant Hogweed plant while exploring a park for pokemon. She initially felt a burning sensation in her foot and doctors believe her blisters and burns were caused by the dangerous plant.

Due to another incident, a Bosnian demining charity has issued a warning to Pokemon Go players, reminding them to not play in non-cleared minefields. The warning comes after the charity received reports that some players have wandered into minefields, the BBC reported.

The worst reported incident happened in Australia, when a young player was fatally hit by a car. The accident caused considerable scrutiny for Nintendo and the game in general.

Who is responsible in the event of a public liability injury claim?

The major issue with a public liability claim relating to Pokemon Go is that the producers of the app are not liable for any incidents.

If you are injured when playing the game, it is important to talk to a personal injury lawyer to access you options. With their help, you will be able to understand if the area you obtained an injury in was owned or operated by a business or individual who owed a duty of care. If they did, and they were negligent, you may be able to seek compensation in relation to your injuries.

If you would like to know more, talk to the experts at Gerard Malouf and Partners.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.