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!