In the August issue of Claims magazine, Patricia L. Hartman, PropertyCasualty360.com, writes about the real world dangers and liabilities connected with this craze. “The game recently claimed its first accident victim when 28-year-old Steven Cary slammed his car into a tree while looking at a special Pokémon on his app. He looked down for a second and woke up later in an ambulance, according to a Facebook post. His car hit a tree and he suffered a broken ankle and cuts to his legs. In another accident, a player parked his car illegally to catch a Pokémon and the car was struck by a second vehicle.”
There are multiple things to consider here:
- Which insurance carrier is liable?
- What is the line between cyber and physical worlds?
- Opting out of Pokémon's waiver.
- Homeowner liability if someone trespasses in your yard.
Hopefully there won't be a lot of new claims associated with the game, but if there are, they will be investigated just like any other.
A worthwhile read while you’re sitting in the parking lot of your favorite (or not so favorite) restaurant collecting Super Potions and Poké Balls. PropertyCasualty360.com.