When you’re playing a video game, you want it to be fun, not dangerous so that it puts you at risk for injury. But statistics show that more people are suffering real-world injuries from playing virtual reality games. Research shows that in 2023, there were more than an estimated 1,300 injuries related to virtual reality gaming and VR game designs. This is especially concerning because of the drastic jump from the 2017 numbers , which showed only 125 injuries.
The increase in injuries related to virtual reality has led to emerging litigation against gaming companies for things like failure to warn about potential injuries and negligent marketing practices, among others.
As we look at the various types of injuries that people are suffering, you’ll learn how you can take action by working with us when you need to file virtual reality video game lawsuits.
Types of Injuries Related to VR Game Designs
There are several common injuries that people may experience from playing virtual reality games.
A study by The National Electronic Injury Surveillance System (NEISS) found that the most common VR-related injury was a fracture, accounting for 30% of all emergency room visits.
These are the other common injuries people seek medical attention for:
- 18.6% Lacerations
- 14% Contusions
- 10% Strains and Sprains
Research found that young children up to the age of 5 were most likely to injure their faces. Those ages 6-18 were most likely to hurt their hands or face.
Why Do People Get Injured Using VR Equipment?
Many people trip over objects or lose balance and fall due to becoming disoriented from head movements. Virtual reality games present a hazard because when you wear the VR headsets, you cannot see your surroundings. This means you have no spatial recognition when it comes to the walls or furniture around you. When you swing at something during the game, you may hit a real object without realizing it was even there. Any of these actions can lead to injury.
Emerging Litigation From VR Game Designs
When you look at the types of injuries people are sustaining due to playing virtual reality games, you can see why they are looking for legal support and restitution. While each injury is different, there are several common litigation areas dealing with VR game designs and injuries.
Negligence
A developer can end up in legal trouble if the game’s design or software leads to injury. This can be due to disorientation during play or by encouraging any type of risky behavior without providing a warning.
Poor Warnings
Manufacturers must label products so that users understand the health risks when they play a game. This can include vision impairments, seizures, or other health problems. Someone may file a lawsuit against a manufacturer for understating the health risk or not stating it at all.
Product Liability
If there is a defect in a product and someone gets hurt as a result, manufacturers can be held liable. This is also true if they don’t provide adequate warnings on their products.
Premises Liability
While many people play virtual reality games at home, others do so at arcades or other public places. If someone gets hurt while playing virtual reality games in this type of setting, the facility owner may be held liable. It is their responsibility to maintain a safe environment while providing the equipment.
Emotional and Mental Distress
Besides physical injuries, someone may experience VR-related trauma. Some people are filing lawsuits seeking compensation for the emotional and mental trauma that virtual reality caused them. This is in the form of panic attacks or PTSD related to a physical injury.
Examples of Problems with VR Game Designs and Emerging Litigation
Many people are unsure if they have a case when it comes to virtual reality-related injuries. Here are some examples of when you’ll want to contact an attorney:
Poorly Designed Games
Some VR software is designed in such a way that it interferes with your depth perception or causes motion sickness. When these design flaws make you fall or injure yourself without any type of warning, the developer may be to blame for their design.
Faulty Hardware
When you are injured due to using gear that should have been safe, you should contact an attorney. An example of this occurred when Meta had to recall millions of its Oculus facial interfaces in 2021 because people got skin rashes from using them. People who used this gear were unaware that this type of injury was possible. This is a product issue that puts the manufacturer in the hot seat.
Unaware of Recall
If there was a recall on a game or piece of gear and you were not notified or the problem was not fixed in time, you may be able to seek compensation for an injury.
If you have experienced any of these situations that have resulted in injury, contact an attorney for a consultation so they can review your case and recommend the best road forward.
FAQ About VR Game Designs and Emerging Litigation
Who is liable if someone gets hurt using virtual reality?
Hardware manufacturers and software developers may be liable if a user is injured while playing a virtual reality game. The user themself may have some responsibility if they misused the product or ignored safety warnings.
Besides VR game designs, what other legal issues surround virtual reality?
Private data collection without consent has been a legal issue surrounding VR game designs. This is done when the software scans the users’ surrounding area that can contain private information.
Can I seek damages for emotional distress related to virtual reality gaming?
If your emotional distress occurred after the injury and there is documentation, you can seek damages.
VR Game Designs and Emerging Litigation: How We Can Help
If you or a loved one has suffered a real-world injury due to VR game designs, we can help. We can connect you with lawyers who specialize in video game lawsuits and can represent you against the gaming industry. Contact us today at 480-771-2988 to learn more or reach out to us online.