Beware! Pokemon Go may put a stop on your injury claim

Beware! Pokemon Go may put a stop on your injury claim

Generally speaking, if you have suffered an injury as a result of visiting an unsafe premises, you may have grounds to seek some sort of compensation on the basis of a public liability claim. You may be entitled to compensation for your loss of earnings, out-of-pocket medical expenses and potentially, compensation for your 'pain and suffering'. The prospects of succeeding in a public liability claim however, could be completely be ruined in the context of someone suffering an injury whilst playing the addictive and interactive smart phone game, Pokemon Go. Why? In order to succeed in a public liability claim, an injured person needs to be able to establish that they have suffered an injury as a result of the negligence of another party. In circumstances where an injured person has suffered an injury because they have personally failed to take reasonable care of their own safety (i.e. by playing Pokemon Go whilst on the move and not keeping a proper look out), it becomes questionable as to whether negligence can be established. In the event that negligence can be established, the injured person may still need to confront the issue of whether they were 'contributorily negligent'. In other words, whether the injured person contributed to the injury they have suffered. If it is found that the injured person was 'contributory negligent', then the amount of compensation that they would have otherwise been entitled to, would be discounted to the extent that they are found to have contributed to their injury. For instance, if someone is found to be 50%'contributory negligent', then their compensation would be reduced by 50%. So please be aware and be warned before you go on your next Pokemon chasing adventure. A lot more could be at stake than missing the opportunity to catch a rare Pokemon!

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