Personal Injury & Medical Malpractice Blog

Sunday, August 21, 2016

New York Driver Crashes Into Tree While Catching Pokémon

Who is liable for Pokémon Go accidents?

“Pokémon Go” is officially the latest gaming craze, with over 7.5 million downloads just weeks after its initial release.  This augmented reality game requires players to walk or move in order to capture all of their favorite Pokémon creatures.  While the game has been praised for getting gamers outside and moving, it has also been linked to several serious accidents.  In Auburn, New York, located near Syracuse, a driver recently ran his car off the road and hit a tree because he was playing Pokémon Go.  The thankfully uninjured driver admitted to police that he was actively playing Pokémon Go while driving and became so distracted he veered off the road. 

This is far from the only accident linked to the game.  At least two other car accidents have been traced to drivers playing while operating their vehicles and cities across the nation are warning drivers not to play and drive.  The makers of Pokémon Go have even edited the game to make it more difficult to play while driving. 

Driving accidents are not the only source of Pokémon Go related injuries.    Other gamers become so engrossed in the game that they have wondered into unsafe locations.  At least one teen was ambushed and shot while playing Pokémon Go and others have walked off cliffs. 

Liability for Pokémon Go Related Accidents

Accidents linked to playing Pokémon Go raise some complex liability issues.  Game makers have been sued in the past for injuries occurring during play.  For instance, several lawsuits arose over Nintendo Wii by players who hurt themselves while playing the interactive games that require movement. 

The maker of Pokémon Go has taken steps to protect itself from liability for accidents associated with its game.  Before playing, gamers agree to several warnings and disclaimers.  Despite these warnings, it is possible to envision a set of circumstances that would give rise to a viable lawsuit against the maker of Pokémon Go for injuries sustained due to the distraction caused by the game.   

If you are injured in any sort of accident involving negligence, contact New York City personal injury lawyer Arthur Tisi today at (917) 789-1390 to schedule your free consultation.  

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