Nolia G. Batey
Attorney at Law
I admit that I've been known to catch a few Pidgeys and Rattatas with Niantic's new app, but I have often wondered about some of the potential legal issues. Not surprising, the popular game has already attracted litigation. In a recently filed class action, the Plaintiff alleges that a number of the Pokémon Gyms and Pokéstops are directly adjacent to private property, and that Defendants placed the Pokéstops and Pokémon Gyms in those locations without consent of the owners. The legal claims are nuisance and unjust enrichment, but the complaint lacks any real specificity re damages.
As a player, I don't know that I've actually felt "...encoura[ged]... to make incursions" onto private property as the complaint alleges.