Pedestrian Accident

The new game Pokémon Go has been a big hit around the offices of Martinson and Beason; Pokémon trainers from across the city have gathered around Huntsville’s Big Spring Park and Courthouse Square to catch ‘em all.

But unlike the safe land where the classic Pokémon games took place, the real world is full of dangers and possible injuries. So what happens if you trip and fall while catching ‘em all, or if you get hit by a truck chasing a Psyduck? Incidents have already started happening: a Pokémon trainer was robbed at gunpoint while playing the game, a driver crashed into a police car while distracted by Pokémon, and two players even walked off a 90-foot cliff. So could any of these people, or anyone else injured while playing the game, sue Nintendo, Niantic, or the Pokémon Company, all of whom are part owners?

The answer is probably not. We’ll go into some of the top reasons why:

1) Niantic warned users of the potential dangers.

In negligence and product liability cases, a manufacturer can argue be held liable for a “failure to warn,” leaving out adequate warnings that might inform consumers on the risks of a product. This argument would likely not hold water in a lawsuit against Pokémon Go; the game’s extensive terms of service, to which all users must agree, read, in part, “You agree that your use of the App and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services.” While one could argue against the validity of such a liability disclaimer, a lawyer for Niantic could certainly argue that the injured party had been fairly warned of the risks. [Read more…] about Legal Liability with Pokémon Go Accidents

Cell phones are a marvel of technology that offers the opportunity to be connected at nearly any time and in nearly any place. Just because they offer this opportunity, however, doesn’t mean that we should necessarily take it.

In recent years, there has been a fair amount of public backlash over the constant use of smartphones. Over-use in public settings, like restaurants and movie theaters, has been deemed rude and obnoxious. Games have been created to reward people for not using their cell phones. (Consider the game that has restaurant guests placing their phones in the center of the table during the meal, and whoever reaches for his or her phone first pays the bill). And a recent prankster garnered millions of YouTube hits after he uploaded a video of himself “crashing” other people’s cell phone conversations in an airport. [Read more…] about Distracted Walking Is a Danger to Pedestrians