Pokemon Go is a video game that is capturing everyone's attention, giving us all just one more reason to be distracted by our mobile phones. The game itself, which originally gained popularity back in the mid-1990s and produced spin off television shows and trading cards, is played through your smartphone's camera, and allows gamers to ‘catch' pokémon using virtual reality to gain points.
These virtual monsters can appear in any type of public place, and the game has been heralded for encouraging players to get out and about to play, as opposed to more traditional games that require sitting in a sedentary position in front of a computer or television screen.
Unfortunately, it is the mobile aspect of the game that has given rise to Pokemon Go safety concerns regarding the potential risks for distracted driving accidents, pedestrian accidents, and other types of accidental injuries. Whether you are a player or know someone who is, it is important to be aware of the potential dangers of Pokemon Go, as well as how to protect yourself against these types of injuries while playing.
Embarking on a Pokémon Go quest is thrilling, yet it's crucial to recognize the potential risks that accompany this augmented reality game. As a Florida personal injury lawyer knows too well, distracted gaming can lead to hazardous situations. Players engrossed in the virtual world might overlook their surroundings, leading to accidents like slips, trips, or collisions with obstacles.
To safeguard against such mishaps, it's vital to maintain situational awareness while gaming. Being mindful of your environment, avoiding restricted or unsafe areas, and refraining from playing while walking or driving can significantly reduce the risk of injuries. Understanding the balance between immersive gaming and personal safety is paramount, ensuring an enjoyable experience without compromising well-being.
Pokemon Go Safety Risks
According to a July 2016 Wall Street Journal report on Pokemon Go safety concerns, while the video game is giving players their first real taste of how virtual reality technology can be used in everyday life, there are growing concerns about the potential safety risks these players are being exposed to.
Designed by international game maker Niantic, Inc., in conjunction with video giant Nintendo, the game uses Google maps to create a playing field in which Pokemon creatures can turn up in just about any real world location. Referred to as Pokestops, there are over five million of these places that had been previously designated by the company, many of which have the potential to pose safety concerns for users who are lured there in their quest to accumulate game points.
Examples of potentially dangerous areas where Pokemon Go creatures may be sighted include:
- Isolated areas, such as such as woods and forests;
- Abandoned properties and areas under construction;
- Neighborhoods plagued by high crime or gang activity;
- Hard to reach locations, such as in trees or on cliffs.
In addition to the types of areas players may venture into, the danger factor increases when playing alone or at night. While the Wall Street Journal states that the game makers insist they have blocked creatures from appearing in roadways, airport runways, and bodies of water in the interest of player safety, there is nothing to prevent avid Pokemon hunters from attempting to cross these locations in their pursuit of monsters on the other side.
Pokemon Go Accidents and Injuries
A CBS Miami report on the dangers of Pokemon Go states that critics of the game cite player distraction as a main concern in terms of the risks for accidents and injuries. Players may become so immersed in playing the game that they lose sight of where they are headed or obstacles in their path, leading to an increased risk for the following types of accidents:
- Slip and fall injuries – Tripping over curbs, stairs, or uneven surfaces while fixated on a mobile device.
- Pedestrian accidents – Stepping into roadways without checking for traffic, often resulting in collisions.
- Bicycle and skateboard crashes – Colliding with vehicles or stationary objects while playing on the move.
- Distracted driving accidents – Using the app behind the wheel, risking major traffic accidents and legal consequences.
While the Pokemon Go app itself contains a built-in message warning players to refrain from playing the game while behind the wheel of a car and to pay attention to their surroundings, reports of distracted driving and pedestrian accidents have prompted federal officials to get involved.
The National Highway Traffic Safety Administration (NHTSA) has issued several notifications through the NHTSA twitter feed warning drivers of the dangers of playing Pokemon Go while driving, and also urging pedestrians to be aware of potential distractions that could increase their risks of accidents and injuries.
Legal Implications of Pokémon Go-Related Accidents
From a legal standpoint, Pokémon Go-related accidents may fall under several categories of personal injury law:
- Premises liability – If a player is injured on private or commercial property due to unsafe conditions (such as poor lighting, broken walkways, or lack of signage), the property owner may be held liable.
- Negligence – Players who cause harm to others—such as hitting a pedestrian while distracted or damaging property—can be held legally responsible for their actions.
- Product liability – Although rare, there could be claims involving the game developer if the app’s features encourage dangerous behavior without adequate warnings.
If you’ve been injured in an incident involving Pokémon Go—whether as a player or a bystander—you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. An experienced personal injury attorney can help you understand your rights and explore your legal options.
Liability in Augmented Reality Gaming
Augmented reality games like Pokémon Go introduce a unique legal question: Who is liable when virtual actions cause real-world harm? In traditional injury cases, liability is often clear. But with AR games that encourage exploration, movement, and user interaction, assigning fault becomes more complex.
Potentially liable parties in AR-related accidents include:
- The distracted player – Individuals who ignore their surroundings while playing may be responsible for injuries or property damage they cause.
- App developers – Game creators could face legal scrutiny if their app places virtual elements in inherently dangerous locations, such as busy intersections, private property, or near hazardous terrain.
- Property owners – In some cases, if a property becomes a frequent stop for players and the owner is aware of the risks, they may have a legal duty to ensure the space is reasonably safe.
Many AR apps include user agreements with arbitration clauses and liability waivers, which can complicate legal claims. However, these waivers are not always enforceable—especially in cases involving gross negligence or injury to minors. Understanding who is legally responsible in AR-related incidents often requires a detailed investigation.
The Safety Concerns Of Playing Pokémon Go
In light of the dangers of playing Pokémon Go and the safety risks players face in terms of being involved in the above types of accidents, you may want to speak with family members, friends, and loved ones about simple ways in which they can stay safe while playing. Ways in which you can help protect yourself and reduce Pokemon Go safety risks include the following:
- Play in teams, which will help keep you safe while also allowing you to accumulate more points;
- Use caution when playing at night, and wear bright, reflective clothing to increase your visibility;
- If a location looks isolated or is under construction, skip it;
- Always pay attention to where you are walking, and keep an eye out for any obstacles in your path;
- Never play Pokemon Go or any type of game while behind the wheel of a car, or while on a bike or skateboard;
- Stay away from busy streets and parking lots, and make sure to look up from your phone before attempting to cross the street.
If you are the parent of a child or teenager who enjoys playing Pokemon Go, consider playing along with them. As a shared activity, Pokemon Go can provide a good way to have fun, while at the same time getting physical exercise and working as a family team. It also allows you a better chance of keeping an eye on your children and preventing accidents and injuries, while demonstrating to them the best way to play safely.
What Legal Steps Should I Take After a Pokémon Go-Related Accident?
If you’ve been injured in a Pokémon Go-related accident—whether as a player or by someone else’s distracted behavior—taking the right legal steps early on is essential to protect your rights and build a strong personal injury claim.
1. Seek Medical Attention Immediately
Your health and safety come first. Even if your injuries seem minor, getting prompt medical care ensures that your injuries are documented—which is crucial for any future legal claim.
2. Document the Scene and Your Injuries
If possible, take photos or videos of where the accident occurred, any hazards involved, your injuries, and any devices or vehicles relevant to the incident. This visual evidence can be vital in establishing fault.
3. Collect Witness Information
Obtain the names and contact details of anyone who saw the incident happen. Witness testimony can support your version of events and strengthen your case.
4. File an Official Report
Whether the accident involved a slip and fall, auto collision, or trespassing issue, it’s important to file a report with the appropriate authorities—such as the police, property owner, or business management. Ask for a copy of any official report filed.
5. Preserve Evidence
Keep any physical evidence related to the accident, such as clothing, your mobile device, or any broken personal items. Also, save all medical records, bills, and receipts related to treatment.
6. Avoid Speaking with Insurance Companies Alone
Insurance adjusters may try to minimize your injuries or shift blame. Do not provide recorded statements or accept settlements without consulting a personal injury attorney first.
7. Contact a Personal Injury Lawyer
An experienced attorney can help determine who is legally responsible—whether it’s the distracted player, a negligent property owner, or another third party—and pursue compensation for your medical bills, lost wages, and pain and suffering.
Have You Been Injured in an Accident? Contact Holliday Karatinos Law Firm Today!
If you or someone you care about has suffered injuries as the result of an accident or due to someone's reckless or negligent conduct, contact our experienced Florida personal injury lawyers today. At the Holliday Karatinos Law Firm, PLLC, we provide the caring, comprehensive legal representation you need to assist you in getting the maximum amount of compensation you are entitled to by law. Serving Brooksville and the surrounding Florida area, we can help; call or contact our office online today for a free and confidential consultation.
FAQs
Can a property owner sue a Pokémon Go player for trespassing?
Yes, if a player enters private property without permission—especially repeatedly—the property owner may have grounds for a trespassing claim. In Florida, civil trespass can lead to legal consequences even if the person did not intend to cause harm.
What should I do if I’m injured by someone playing Pokémon Go?
If you've been injured by a distracted Pokémon Go player—whether they were walking, biking, or driving—seek medical attention immediately. Then, document the incident and contact a personal injury attorney to determine if you’re eligible for compensation.
Are there any laws specific to augmented reality games in Florida?
Currently, there are no Florida laws written specifically for augmented reality (AR) games. However, existing laws related to negligence, premises liability, and distracted driving still apply to behaviors stemming from AR gameplay.
Can parents be held responsible for their child’s actions while playing Pokémon Go?
In some cases, yes. Under Florida law, parents may be liable for property damage or injuries caused by a minor if they failed to supervise or control their child’s conduct.
Can I file a lawsuit if I was lured into a dangerous area by the game?
If the game’s design directed you into an unsafe environment (e.g., a construction site or known high-crime area), you may have a claim—especially if there were no adequate warnings. Consulting an attorney is critical in evaluating liability in these cases.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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