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It's not like Niantic/Nintendo/The Pokemon Company are liable.
Most cities now have laws against using phones while driving so between those and the opening message saying don't play while driving and the speed pop up I think they are safe from lawsuits
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Unfortunately, since it's a game, it is going to get the blame in the media.
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On November 08 2016 14:00 Orcasgt24 wrote:It's not like Niantic/Nintendo/The Pokemon Company are liable. Most cities now have laws against using phones while driving so between those and the opening message saying don't play while driving and the speed pop up I think they are safe from lawsuits
as a lawyer, they absolutely could be held liable for this. the driver's negligence/law-breaking doesnt absolve them of liability, and the speed pop up does quite the opposite, it establishes their knowledge, which proves foreseeability (an element of duty required for negligence). also, niantic knows people are playing in their cars despite the pop-up.
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Northern Ireland22213 Posts
yup consistently getting a lot of items (like 5+) per pokestop now
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On November 08 2016 15:43 dAPhREAk wrote:Show nested quote +On November 08 2016 14:00 Orcasgt24 wrote:It's not like Niantic/Nintendo/The Pokemon Company are liable. Most cities now have laws against using phones while driving so between those and the opening message saying don't play while driving and the speed pop up I think they are safe from lawsuits as a lawyer, they absolutely could be held liable for this. the driver's negligence/law-breaking doesnt absolve them of liability, and the speed pop up does quite the opposite, it establishes their knowledge, which proves foreseeability (an element of duty required for negligence). also, niantic knows people are playing in their cars despite the pop-up.
I don't see the difference between Niantics warnings and the chocking hazard warning toys have or the electrocution warning power cords have.
I think they are safe from litigation
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On November 08 2016 23:59 Orcasgt24 wrote:Show nested quote +On November 08 2016 15:43 dAPhREAk wrote:On November 08 2016 14:00 Orcasgt24 wrote:It's not like Niantic/Nintendo/The Pokemon Company are liable. Most cities now have laws against using phones while driving so between those and the opening message saying don't play while driving and the speed pop up I think they are safe from lawsuits as a lawyer, they absolutely could be held liable for this. the driver's negligence/law-breaking doesnt absolve them of liability, and the speed pop up does quite the opposite, it establishes their knowledge, which proves foreseeability (an element of duty required for negligence). also, niantic knows people are playing in their cars despite the pop-up. I don't see the difference between Niantics warnings and the chocking hazard warning toys have or the electrocution warning power cords have. I think they are safe from litigation
While you might think that the warnings alone would be enough, you never now if a news outlet is going to blow up a story (especially gaming-related ones). So I can understand why Niantic is really cautions in this regard.
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Mmm... not too big of a fan of Pokemon CP being delayed a few seconds. Kinda weird how Niantic is pushing forward with decent updates, but tend to muck up the slice-of-life tidbits.
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On November 08 2016 23:59 Orcasgt24 wrote:Show nested quote +On November 08 2016 15:43 dAPhREAk wrote:On November 08 2016 14:00 Orcasgt24 wrote:It's not like Niantic/Nintendo/The Pokemon Company are liable. Most cities now have laws against using phones while driving so between those and the opening message saying don't play while driving and the speed pop up I think they are safe from lawsuits as a lawyer, they absolutely could be held liable for this. the driver's negligence/law-breaking doesnt absolve them of liability, and the speed pop up does quite the opposite, it establishes their knowledge, which proves foreseeability (an element of duty required for negligence). also, niantic knows people are playing in their cars despite the pop-up. I don't see the difference between Niantics warnings and the chocking hazard warning toys have or the electrocution warning power cords have. I think they are safe from litigation
the driver wont be able to sue niantic because of the warning, just like the childs parent wont be able to sue the toy manufacturer (no product defect if there is an adequate warning). but that doesnt deal with third parties, which is what we are talking about. niantic has a duty to the general public in addition to the game users.
just as examples, a supermarket can be held liable if a customer is mugged in their parking lot (e.g., poor lighting, inadequate security), and an apartment complex owner can be held liable if a tenant is raped (e.g., the security doors are broken and not fixed in high crime area). these bring up issues of premises liability, which has its own duties, so its not completely apposite, but the point is that a person can be held responsible for the improper (even illegal) acts of others if his/her/its own conduct justifies it.
just for shits and giggles, this is what California judges look at to determine whether a duty is owed (e.g., from Niantic to third-party pedestrians):
When a judge is deciding whether a duty of care was owed to one person by another, they rely on the following eight factors:
The foreseeability of harm to the plaintiff;
The degree of certainty that the plaintiff suffered injury;
The closeness of the connection between the defendant’s conduct and the plaintiff’s injury;
The moral blame attached to the defendant’s conduct;
The policy of preventing future harm;
The extent of the burden to the defendant;
The consequences to the community of imposing a duty to exercise care with resulting liability for breach; and
The availability, cost, and prevalence of insurance for the risk involved.
(See Rowland v. Christian, 69 Cal 2d 108, 113 (1968).)
other jurisdictions have there own rules, but they tend to be similar and focus on foreseeability primarily.
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Today is a beautiful day here weather wise, and coupled with the election day closing the schools, gymming has been awful. Was beautiful watching the red towers fall though.
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Weather got really sucky here so it's probably on its way to you  I think winter will winnow out the weaker-willed players (couldn't think of an alliterative synonym).
Pretty pumped I hatched a Muk today so got a good one to walk and evolve soon. I've also noticed a lot more 10km eggs lately, don't know if I just had a hot streak or other people are seeing the same thing.
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On November 09 2016 04:03 mordek wrote:Weather got really sucky here so it's probably on its way to you I think winter will winnow out the weaker-willed players (couldn't think of an alliterative synonym). Pretty pumped I hatched a Muk today so got a good one to walk and evolve soon. I've also noticed a lot more 10km eggs lately, don't know if I just had a hot streak or other people are seeing the same thing.
I thought it was purely because I bought coins for incubators over the event, but the small amount of eggs I've picked up after have been higher than expected as well.
I worry that winter will just cause more spoofers.
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Aaand shit, just remembered that Blissey is in gen2 and I transfered both my Chansey yesterday.
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It's not about usability, it's about filling out the pokedex.
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I'm hoping it'll be a good prestiging pokemon, like wigglytuff on crack
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I prestiged for the first time since the update... they may have taken it a tad too far. I took down 3 pokemon all with higher CP than my team and got 723 :/ I guess that's roughly half?
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On November 09 2016 20:49 mordek wrote:
I prestiged for the first time since the update... they may have taken it a tad too far. I took down 3 pokemon all with higher CP than my team and got 723 :/ I guess that's roughly half?
You should've gotten at least 750 for that.
Remember that all 3 have to be higher than the highest CP in your team of 6.
But yeah basically everything got halved and 500 is now the cap instead of 1000.
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On November 09 2016 21:56 Laurens wrote:Show nested quote +On November 09 2016 20:49 mordek wrote:
I prestiged for the first time since the update... they may have taken it a tad too far. I took down 3 pokemon all with higher CP than my team and got 723 :/ I guess that's roughly half? You should've gotten at least 750 for that. Remember that all 3 have to be higher than the highest CP in your team of 6. But yeah basically everything got halved and 500 is now the cap instead of 1000.
That's what I expected but I'm 99% sure that's what happened. My highest was 1961 and the first tier was 1966.
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So... based on the current CP formula, does that mean baby Pokemon will be utter tripe?
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EPT
