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Pokemon Go's designer may not be liable for injuries

With so many people playing the newest trending app, Pokemon Go, a question has been raised. Who exactly is to blame if someone gets hurt while playing? Shouldn't the company that created the game be liable for injuries that take place as a result of its product, and would you win a case against it?

This question is particularly important when it comes to assaults, collisions and even shootings that were caused by people setting up traps for others by luring them to dangerous locations. Shouldn't the company have known that people could use the game to lure others to specific locations, and shouldn't it have warned users about that possibility?

Usually, when a product is defective or malfunctions, a company can be held liable for the injuries consumers suffer. This may be different though; the game works correctly, and there is even a warning to be aware of your surroundings while playing. Lawsuits against video game companies aren't uncommon, which is why there are usually warnings and disclaimers at the beginning of games.

In this case, Niantic, the company listed as the owner of Pokemon Go, has set its terms of use to state that by playing, you waive your right to a trial by jury or to participate in a class action lawsuit. This fine print may be missed by some, but it aims to absolve the company of any wrongdoing and to avoid litigation. Whether or not that holds up in court awaits to be seen, as more people are injured each day due to the game's design.

Source: Dopplr, "Is Nintento Liable for Pokemon Go Injuries? Are Lawsuits Coming?," July 13, 2016

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