Players of the recent phenomenon Pokémon Go should be careful, in case they find themselves facing court proceedings for trespass on private land.
If there is a real and apparent risk that the gathering of Pokémon hunters could cause injury to property or people, there is a case law that suggests a landowner can obtain an injunction against ‘Persons Unknown’ prohibiting them from causing the threatened nuisance or trespass.
It is unlikely that Nintendo, as the producer of ‘Pokémon Go’ would be liable since it does not encourage trespassing and a disclaimer appears on screen at the start of the game. However, a man in the US said strangers started lingering outside of his home with at least five people knocking on his door and has commenced a lawsuit.
While the occasional misguided trespass is unlikely to result in court proceedings, repeat offenders may find themselves facing an injunction.
If you find that your property has been subject to trespass or any nuisance or indeed you have been served with an injunction for whatever reason then we suggest you speak to Shalish Mehta in our civil and commercial litigation department. He can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.
Please call our harassment and trespass solicitors on 0161 785 3534 or email firstname.lastname@example.org
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