Ready Player Two … for Tort Liability in the Metaverse?

53 Rutgers L. Rec. 193 (2026) | WestLaw | LexisNexis | PDF

In the past few years, augmented reality (AR) and virtual reality (VR) platforms have seen
rapid expansion. The metaverse uses AR and VR to create a parallel virtual world where
users can work, play, and interact. With one of the world's largest tech giants pivoting to
the metaverse–described as an $800 billion market opportunity–new advances are bound
to make the metaverse more interactive and immersive than it already is. Developments in
the field of AR and VR that might add sensory cues to create highly immersive and realistic
environments have the potential to evoke real-world stimuli and a complete sense of
presence and bodily embodiment in the virtual environment. In a highly immersive and
realistic virtual environment, if a harmful event occurs, users may receive real-world
sensory cues, including taste, smell, and touch, and react to those events, actively
experiencing and embodying the harm. These environments pose compelling legal and
ethical questions for practitioners and law students alike. This article proposes integrating
AR- and VR-based case studies into legal education to enhance student engagement and
critical thinking, illustrated by the hypothetical case of Olivia v. Thomas442, in which a
VR user experiences emotional and physical distress following a virtual attack. The article
demonstrates the pedagogical value of such hypothetical scenarios in preparing future
practitioners for emerging challenges in technology-driven contexts.

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