A new tech marvel that has caught the attention of virtual reality (VR) enthusiasts is the game Pokemon-Go. While some have found it fun, exciting, overwhelming, hazardous or part of a mass addiction phenomenon, others have absolutely no clue what it’s all about!

Pokemon-Go players enter any space, whether private or public, in keeping with the requirements of the game. They may be oblivious of the hazards present in these locations and could suffer serious injuries if they slip and fall.

Such accidents can have an enormous physical, financial and emotional impact on not just the injured person, but also on his/her family-members too.

These mishaps also raise larger questions of liability, and the question of who is responsible when someone is injured on another’s property under these circumstances.

Whitby personal injury lawyers, along with lawyers all over the world, are aware that there are challenges in working out the modalities of such cases.

What Is Pokemon-Go?

Played on cellphones, this VR game uses GPS to capture tiny creatures or Pokemons while walking around in the real world. This augmented reality game uses real locations from the player’s own mobile device’s ability to identify them.

Released in July 2016, the game quickly caught the imagination and  is free-to-play, with purchasable additional apps if you want them. As a social media phenomenon, it connected people from all walks of life, helped to capture real-life criminals, report crimes in progress, built better relations between law-enforcement and the community, contributed to higher footfalls in businesses and better knowledge of the locality and neighborhood.

However, it has been widely criticized for causing traffic congestion, littering, noise, trespassing, distraction while driving/walking and security threat.

Whose Responsibility?

The question of liability in slip and fall injuries while playing is complex in such cases: Is it the property owner, player, the game-maker, the retailer who sold the game etc who is responsible for paying compensation to injured victims?

According to Ontario’s Occupier’s Liability Act property-owners have to ensure the safety of all those who enter. Pokemon-Go players may be trespassing in which case, they still have certain rights! If  owners have not posted No Trespassing signs or otherwise prohibited entry, they can be held liable for injuries sustained on their properties. Property owners can also ask players to leave their premises if they find them playing Pokemon-Go on the premises.

Some businesses attract players by encouraging them to play on their premises. Obviously, they bear the legal responsibilities too.

There are several aspects to consider and each case is unique. But in general, Pokemon-Go playing while trespassing or crossing the street at non-designated spots could reduce a damages claim because the plaintiff has contributed to causing the accident. However, the fundamental principles of personal injury law – viz, negligence – still applies.

Stay Safe!

The best option is obviously to be aware of the physical hazards and the legal consequences of chasing virtual creatures in a real world. Stick to common-sense safety norms, be aware of your surroundings and respectful of other people’s rights while playing.

Such games present unique challenges to law but an experienced Whitby personal injury lawyer can ensure that your rights are protected if you are injured due to someone else’s fault or negligence.