Back in 2016, Pokemon Go was perhaps the best-known example of the gaming trend known as augmented reality. Certainly, there are benefits to getting couch-prone gamers outside and moving. However, as the popularity of such games increased, there have been numerous articles over the years that note how Pokemon Go and similar games have contributed to an increase in emergency room visits.
Even though the reported injuries do not seem to be serious in most instances, more severe injuries have occurred nationwide. Our Denver injury attorney knows that it is only a matter of time before game-related injuries lead to injury lawsuits.
Games: One More Distraction for Smart Phone Users in Denver
Perhaps the main reason why augmented reality games can cause injuries lies in the name. These games essentially put players into the real world while they simultaneously reside in the game’s world. In other words, gamers are not fully focused on the world around them. As they move from place to place, they are distracted.
Clearly, state law governs the use of cell phones while driving. Texting while driving is illegal in this state. Even if gaming is not mentioned specifically, this law should also prevent or reduce accidents caused by drivers who play games. Still, even players on foot can injure themselves or others, such as in the following types of situations:
- Crossing streets without checking for traffic
- Falling from curbs
- Tripping on uneven surfaces
- Running into other pedestrians
When injuries occur, questions of liability naturally arise. If you have sustained injuries, contact our Denver injury attorney for help.
Liability Issues Can be Complex
Do not automatically assume that distracted gamers are fully liable for injuries resulting from gaming accidents. For instance, if a game was defective, which might be the case if a game like Pokemon Go places a Pokemon target in the middle of a busy intersection or if the game inadequately warns players about inherent dangers, there may still be a cause of action for the player.
Of course, since these claims are based on negligence, liability can be assessed based on a seemingly endless list of factors. A store might have some liability when a player trips in a pothole in its parking lot. Even another pedestrian might bear some degree of liability if he or she was equally distracted before a crash with a game player.
Let Our Denver Injury Attorney Help With Your Case
It takes careful investigation and analysis by a knowledgeable Denver injury attorney to determine when injury victims should consider taking legal action. This could even potentially be the case for injury victims whose own insurance companies deny their claims. First, address immediate medical needs. Then, to help identify all available legal options, seek legal advice as soon as possible after sustaining injuries. Contact our office today to discuss your specific situation and options.