Pokémon Go Sue Yourself - Diamond and Diamond Lawyers
  • Tuesday, 19 July 2016

Pokémon Go Sue Yourself

So this Pokémon Go is a real thing? As personal injury lawyers we now have to worry about distracted pedestrians who are catching imaginary animals? Despite the absurdity of it all there is a real danger as children are running into traffic and people are getting genuinely injured from this game. In fact, one user posted the following on Reddit only a few minutes after the official release:

“Not even 30 minutes after the release last night, I slipped and fell down a ditch. Fractured the fifth metatarsal bone in my foot, 6-8 weeks for recovery. I told all the doctors I was walking my dog lol… Watch where you’re going, folks!”

The big question is: if you are distracted and injured or killed, can you sue Niantic the makers of Pokémon?

The short answer is no. When you download the app you agree to terms including not suing Niantic and not joining a class action to sue them as well. You essentially agree to only individual arbitration. The only way out of this is to opt out by email within 30 days. If the 30 days pass, you are out of luck.

What’s more, not only do you agree not to sue Niantic for injury, you also agree not to sue for anything. So if the company sells your private information, or if someone trespasses onto your property and damages it, or any other possible scenario that will flow from this, you are barred from suing.

Go catch them all at your own peril!

Leave a Reply

 

Get the help you deserve

1-800-567-HURT

Call NOW for a free consultation

Diamond & Diamond Ontario Head Office

255 Consumers Road, 5th Floor, Toronto, Ontario

>> Learn More

Diamond & Diamond Alberta Head Office

4246 97 Street NW, Unit 100, Edmonton, Alberta

>> Learn More

Diamond & Diamond British Columbia Head Office

1727 West Broadway, Suite 400, Vancouver, British Columbia

>> Learn More

Barrie

17 Poyntz Street

Brampton

341 Parkhurst Square, Suite 5

Calgary

1331 Macleod Trail SE, Suite 420

Edmonton

4246 97 Street NW, Unit 100

Hamilton

105 Main Street East, Suite 1500

Kelowna

1631 Dickson Avenue Suite 1100

London

256 Pall Mall St, Suite 102

Oakville / Mississauga

2939 Portland Drive, Suite 200

Oshawa

50 Richmond Street E, Unit # 108 B

Ottawa

955 Greenvalley Crescent, Unit 315

Sudbury

144 Elm Street, Suite 201

Surrey

1104 – 13737 96 Ave, Surrey, BC V3V 0C6

Thunder Bay

278 Algoma Street South

Toronto

255 Consumers Road, 5th Floor

Vancouver

1727 West Broadway, Suite 400

Windsor

13158 Tecumseh Rd. E. Unit 3B