BRADENTON, Fla. — Personal injury attorney Bernard F. Walsh points out the potential legal consequences of Pokemon Go for both app users and property owners. With the advent of the popular new mobile game Pokemon Go, millions of users are scouring cities, parks, and other publicly accessible areas in a “scavenger hunt” to collect virtual creatures called Pokemon.
Based on a technology known as augmented reality, the game has items and virtual creatures placed at thousands of locations across North America. When a player arrives at the location, they can look through the display on their mobile device and the virtual Pokemon is superimposed over the image that is on the camera on the player’s phone. The player can then interact with the virtual character and in some locations with other players as well.
However, while boasting a highly successful launch, the game has not been without its problems. With millions of players searching many busy public locations, questions of legal liability and the financial responsibility are being raised should players or the public be injured in mishaps while playing the game.
Personal Injury Attorney Bernard F. Walsh shared this comment about the legal aspects of playing the game, “While it’s great to see the level of innovation that is coming from technology companies, there are serious legal aspects of Pokemon Go and other software that use augmented reality for players, game developers and property owners. Additionally, the potential for dangerous situations that can arise from this game is very real.
“Already players distracted by viewing the world through their phone as they are in busy public spaces have suffered injuries such as broken bones, criminals have used the app to predict players locations and then robbed them at gun point, irresponsible players who look for Pokemon while driving are especially dangerous to the public, and the game itself has locations in areas that are in error. In fact, earlier this week a Pokemon Go player in Baltimore playing the game while driving, crashed his Toyota Rav4 into a parked police cruiser.
“Given the wide participation of this popular game it is simply a matter of time before individuals are seriously harmed as a player or as a non-player. However the app developer anticipating the potential for personal injury or other types of law suits, has written into their terms of service agreement protection from law suits. New players eager to get started may not be aware that when they agree to the terms of service at the time of downloading the app, they are waiving all legal ability to sue for compensation should they become injured as a result of playing Pokemon Go.
While this contract may protect the app developer from personal injury and wrongful death lawsuits from players who have consented to the terms of use contract, it has no bearing on law suits initiated against property owners of Pokemon Go locations or members of the public who have not entered into such an agreement. Players injured while playing Pokemon Go may file suit against property owners if an unsafe condition contributed toward their injury, property owners may file suit against the game developers for errantly placing a game location, and the public injured by distracted players can file suit directly against a player that has caused them harm.”
About Attorney Bernard Walsh:
A highly experienced AV rated attorney and founder of the Manasota Trial Lawyers Board, Bernard Walsh is an active member in multiple legal organizations including the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA), the Multi-Million Dollar Advocates Forum, the Florida Justice Association, the National Trial Lawyers Association and the National Association of Distinguished Counsel.
Bernard Walsh is an active member of the Manatee and Sarasota Sheriff’s Advisory Boards, the Florida Highway Patrol Advisory Council and the One Hundred Club for Law Enforcement in Manatee.
Partner at the Personal Injury and Civil Trial Law firm of Shapiro, Goldman, Babboni and Walsh, Bernard Walsh has helped hundreds of Floridians get fair compensation for injuries. Additionally, Bernard Walsh has won one of Florida’s largest motorcycle accident recoveries and has an AV Preeminent(R) rating on Martindale-Hubbell(R), a doctors and attorneys ratings website and is a Superb rated attorney with Avvo.com.
Shapiro Goldman Babboni & Walsh
5291 Office Park Boulevard, Bradenton FL, 34203
Local: 941-752-7200
More information: http://www.GetMejustice.com/.
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