Who is responsible if you hurt yourself playing Pokémon Go?

August 23, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

As injuries mount among the players of Pokémon Go the question of who is to blame is coming to the forefront. When playing AR (augmented reality) or VR (virtual reality) games, who is liable for an accident, slip and fall or other personal injury when something goes wrong? Is it the players? Is it the game maker?  Lawyers in Canada, the US, and in Great Britain are already trying to figure it out.

We’ve had many reports of players falling, being hit by cars, being shot (Florida), being hit by cars or bikes, or getting lost in dangerous situations and requiring rescue, all when they are completely absorbed in the game. Personal Injury lawyers are preparing for the claims which will certainly be coming.

Like with any personal injury claim, you should contact a lawyer as soon as possible after your accident. Keep all police records, doctor or ambulance reports, and witness information. Take a picture of where the accident happened and a written description of how. The personal injury lawyer should come highly recommended, and they will help to guide you through the claims process which can be a long and challenging one.

Business who are encouraging players to come to their premises by ‘laying’ Pokémon bait should make certain that they are carrying adequate insurance in the event of an accident on their premises. They may also wish to have signage that clearly marks areas that aren’t suitable for playing the game (kitchens, basements, storage rooms for example).  Consult with your insurance company for further details on the other coverage or warnings that you may need.

It’s early on in this new frontier of personal injury law but I will keep you posted.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.