Mobile Technology And Property Injuries
Michael Babboni
Premises Liability
Mobile technology is evolving constantly, and already it is changing everything from the way we play to the way we work. However, one additional thing that it’s beginning to change is the way that property owners regard premises liability law. In particular, things like augmented reality gaming have begun to draw a lot of attention – not just of mobile users, but of property owners as well.Leading this charge is Pokémon Go, the mobile augmented reality game that everyone seemed to be playing over the summer. It’s still wildly popular, and new updates are being released constantly for the game. At its core, the app tasks players with travelling around their neighborhoods and looking for Pokémon – mythical creatures that they then capture, train, and use to battle for control of area ‘gyms’.
But while that’s great fun, what does the game – and augmented reality in general – mean for property owners? The big concern comes from the recent news reports of players being injured while playing the game. While staring at the screen of their phone, players are walking into obstacles, stumbling off ledges, and even stepping into traffic.
Those are obviously problems that are inherently the player’s fault, and Pokémon Go has taken steps to warn players of these risks. In fact, they’ve even included legal protection for themselves in the terms of service, and those who accept the terms to play the game are waiving any right to sue the company that made the game.
Future augmented reality games will likely do the same thing in terms of providing legal protection for themselves, but what about AR and its impact on regular property owners around Florida? Those legal waivers are aimed at protecting developers, and while they may be used to some degree to protect property owners, the bottom line is that legal protection really comes down to other issues.
However, Florida law does favor property owners to some degree where this is concerned. Premises liability is already very complex, and it can be difficult for anyone to show that they are owed compensation. When you factor in things like augmented reality being used by the injured party, it becomes even more difficult. Consider the following:
For a lawsuit to be filed against a property owner, it must be shown that they acted in a negligent or reckless manner and that those actions led to the accident in question. If your property is well-maintained and all safety steps are followed, it’s very difficult for a premises liability suit to be filed, especially involving augmented reality gaming.
The player of the game would have to show that they weren’t at fault. Mobile phone data records can easily show what was taking place on the phone at the time of the accident, which in turn means that it’s easier to show where fault truly lies.
For personal property owners rather than commercial property owners, it’s even more possible to defend one’s rights since the AR player doesn’t actually have permission to be on one’s land in the first place. A rare Pokémon likely doesn’t count as ‘attractive nuisance’ like a swimming pool would.
The bottom line is simple to understand – the future is here, and augmented reality gaming and apps will likely continue to grow and evolve. But today’s property owners are protected, and do have very real rights that help keep them safe from litigation that they don’t deserve.