The digital game Pokemon Go, was recently released in Canada and is heralded as one of the most brilliant products to be released in the past few years. In its first week, Pokemon Go was reported as the most downloaded app for iTunes and Android. It already has more active users than Twitter and is reported to be making $1.6 billion a day (The Good, the Bad, and the really Ugly of Pokemon Go” in Insider , July 20th).

Pokemon Go is a cellphone-based game that requires players to go into various locations in the real world to search for digital monsters referred to as ‘Pokemon’.  Few can dispute the entertainment value of Pokemon Go.  It is also an excellent way of getting active and enjoying the outdoors.  However, what has also become increasingly clear is that the popular game has the potential to cause accidents associated with distracted driving and pedestrian injury.

When a player focuses solely on catching a Pokemon character rather than monitoring their surroundings for traffic or hazards, this circumstance can lead to a myriad of situations that may result in personal injury, both to the gamer as well as the public.

The following accidents were recently reported at various locations in North America within a one week period and occurred while players were playing Pokemon Go.

• Two Quebec police officers sustained minor injuries when a driver backed into their police car while playing the game.
• A police body camera captured a distracted driver playing Pokemon Go when he sideswiped a parked police patrol car in Baltimore.
• A 26-year-old man stopped his car in the middle of the highway to catch a Pikachu, causing a major traffic accident involving multiple cars and trucks.
• A 21 and 22-year-old gamer were lucky to survive falling off a cliff north of San Diego, when one of the men fell about 50 feet and the other, 80-90 feet. The men had climbed over a fence warning walkers of an unstable slope, in order to find a character in the game.
• A 15-year-old girl crossed an intersection outside Pittsburgh and was hit by a car while allegedly playing the game.
• A 28-year-old man swerved off the road and crashed into a tree while trying to catch a Pokemon character.

In response to a recent Quebec accident, police officers gave gamers the following warning: “Are you about to step into traffic? Are you going to crash into someone or something? You could end more than just your game.” (thestar.com, July 14).

The significant risk of injury to other road users if someone is playing Pokemon Go while driving is clear.  Drivers also need to be aware of their potential liability if a pedestrian is distracted and unexpectedly crosses the road while following a Pokemon character and is consequently struck by their car.  In such situations, a driver may be found at least partially liable for the pedestrian’s injuries if there is any indication that he/she could have stopped in time if they were attentive and driving at the appropriate speed.

Property owners can also have potential liability if someone comes onto their property and is injured in an unsafe condition while distracted by the game.  CBC News reported on July 18th that one Vancouver property owner has already voiced his frustration by posting a sign that asks Pokemon Go players to “Get a life and stay out of my yard”.  This man is likely one of the first of many Canadian property owners or homeowners who are irritated to find their yard invaded by individuals following a Pokemon. Calgary police have already reported many more calls from homeowners who see suspicious people or trespassers around their property. In the United States, some critics are concerned that the game will result in more shootings or deaths as scared homeowners are surprised by gamers coming onto their property.

To address the question of the manufacturer’s liability for injuries caused by the Pokemon Go app, the game maker Niantic has included a number of warnings on the game app.  Every time someone opens the app, the game warns players to remain aware of their surroundings.  Further, players must agree not to trespass on private property.  Niantic has also included a disclaimer that says it is not liable for any injuries, death or property damage that may result while playing the game.

As Pokemon Go has just recently been introduced, we have yet to see whether the majority of players will be careful and smart in terms of monitoring for their safety and that of others, while playing the game.  However, as the popularity of this game skyrockets and if many players do not take due care, there is the potential for an increase in injury resulting from distracted drivers or pedestrians inattentive to their surroundings.  Calgary police have also warned of other dangers, such as stealing cellphones and questionable ads offering to help gamers in their quest to find Pokemon (Global News, July 18, 2016).

Pokemon Go has a great ability to get players out of their homes and into the fresh air, in contrast with most video and computer games.  However, players are urged to keep safe and use good sense while playing. In particular, never play while driving, refrain from trespassing on private property, and play only in a safe location and while cognizant of your surroundings.

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