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View Full Version : Nintendo Slapped with Class Action Lawsuit over Wii


rfduncan
12-29-06, 10:57 AM
Found this online at Engadget (http://www.engadget.com/2006/12/19/nintendo-hit-with-class-action-lawsuit-for-defective-wrist-str/):

It's all fun and games until somebody busts out a class action lawsuit. We were all enjoying thwacking each other in the face and busting up our televisions so very much that it looks like nobody thought to start any profiteering on this whole Wiimote weak sauce wrist strap meme -- until now. Those clever cats over at Green Welling LLP slapped Nintendo with a lawsuit citing "Nintendo's failure to include a remote that is free from defects" as a "breach of Nintendo's own product warranty." Apparently the nefarious straps were engineering the whole thing, since GW LLP claims "Owners of the Nintendo Wii reported that when they used the Nintendo remote and wrist strap, as instructed by the material that accompanied the Wii console, the wrist strap broke and caused the remote to leave the user's hand." Given the fact that the basic premise of these claims is a tad bit off (we're fairly certain those straps have been breaking after the Wiimote leaves the hand) and that Green Welling's main demand from Nintendo is that they replace the straps (done and done), we can't see this lawsuit getting too terribly far, but we suppose we'll have to wait and find out.
I feel that the strap is a "safety machanism" for those too incompetant to actually hold onto a small television-remote-sized piece of plastic without losing their grip by getting too worked up over a video game. Sorry, but my friend and I have been using mine for weeks and not once has anyone had to catch themselves NOT considering how tightly they're gripping the remote.

I have to agree with this quote - the strap broke AFTER the user released the remote. The user didn't release the remote BECAUSE the strap broke. If anything having the strap there is a constant reminder to me that I need to hold on!

Thoughts?

darkside
12-29-06, 11:05 AM
Our legal system is a nightmare. That is all that really comes to mind. We really need to change the laws so that stupidity is no longer protected.

Noonan
12-29-06, 11:06 AM
This suit is stupid. If I pick up my TV and smash it over my friend's head I can't sue Sharp because the TV broke and my friend got knocked out. No where in the owners guide for the Wii does it say to throw the controller.

Groucho
12-29-06, 11:09 AM
I'm not sure what they want. Nintendo is already giving out free replacements. What else are they supposed to do?

gimmepilotwings
12-29-06, 11:13 AM
I'm not sure what they want. Nintendo is already giving out free replacements. What else are they supposed to do?

I am guessing replacing their broken TV, plastic surgery for those who get hit in the head etc.

One of the stupidest lawsuits ever.

Groucho
12-29-06, 11:15 AM
I am guessing replacing their broken TV, plastic surgery for those who get hit in the head etc.But wouldn't those fall under individual lawsuits, rather than class action? If I own a Wii, and you own a Wii, and you throw your controller, it breaks your $5000 TV, bounces off and cracks your buddy in the head causing $15000 of medical costs...why should *I* get any money?

dkny75
12-29-06, 11:17 AM
Stupid class action lawsuit. Waste of time and everyone's money.

DJ_Longfellow
12-29-06, 11:18 AM
Well, Nintendo DID put a faulty product out there. Yes, they are giving new straps, but tell that to people who cracked their TV.

Groucho
12-29-06, 11:20 AM
Well, Nintendo DID put a faulty product out there. Yes, they are giving new straps, but tell that to people who cracked their TV.Again, a cracked television should be handled one-on-one with Nintendo...not as part of a class action suit. And the cracked televisions never would have happened if these goofballs wouldn't have mishandled the controller.

The Cow
12-29-06, 11:21 AM
Again, a cracked television should be handled one-on-one with Nintendo...not as part of a class action suit.
It should not involve Nintendo.

deadlax
12-29-06, 11:21 AM
Just because the remote has a strap doesn't mean that the faulty strap is the cause of this damage. We get into games of madden and wiisports and never once has anyone lost a remote, and we don't even use the straps.

Tracer Bullet
12-29-06, 11:24 AM
Well, Nintendo DID put a faulty product out there. Yes, they are giving new straps, but tell that to people who cracked their TV.

If I drive my car into a wall, should I sue Ford?

Groucho
12-29-06, 11:29 AM
If I drive my car into a wall, should I sue Ford?People can and do all the time. I remember reading an article some time ago about two pending lawsuits against Ford. Both cases involved single-driver accidents (in other words, the driver was at fault).

In one case, a fellow drove into a wall and was killed by the airbag. His family sued Ford for having airbags. In the other case, a girl drove off the road and was killed. Her car did not have airbags installed. Her family sued Ford for NOT having airbags.

Damned if you do, damned if don't.

Tracer Bullet
12-29-06, 11:33 AM
People can and do all the time. I remember reading an article some time ago about two pending lawsuits against Ford. Both cases involved single-driver accidents (in other words, the driver was at fault).

In one case, a fellow drove into a wall and was killed by the airbag. His family sued Ford for having airbags. In the other case, a girl drove off the road and was killed. Her car did not have airbags installed. Her family sued Ford for NOT having airbags.

Damned if you do, damned if don't.

We really need a loser-pays system in the country.

Noonan
12-29-06, 11:33 AM
Well, Nintendo DID put a faulty product out there. Yes, they are giving new straps, but tell that to people who cracked their TV.

If you throw the controller through your TV, it's called a faulty user not a faulty product.

ChrisHicks
12-29-06, 11:46 AM
wait, so if I was watching a pay per view sporting event and my DirecTivo rebooted during this which caused me to miss the program and in response I threw my remote and it broke my remote and my tv, who do I sue - DirecTV or Tivo? can I sue both?

Tracer Bullet
12-29-06, 11:48 AM
wait, so if I was watching a pay per view sporting event and my DirecTivo rebooted during this which caused me to miss the program and in response I threw my remote and it broke my remote and my tv, who do I sue - DirecTV or Tivo? can I sue both?

Both of them plus the manufacturer of your TV and remote and the sports team.

Groucho
12-29-06, 11:48 AM
That's funny. I'm the clumsiest motherfucker in the world, and I did once lose my grip on my Tivo peanut whilst gesticulating wildly, causing it to fly across the room and break. Perhaps I should have sued Tivo...after all, they didn't even provide a safety strap!

Brian Shannon
12-29-06, 11:51 AM
I think Nintendo (and other manufacturers) should start requiring people to sign waivers when they purchase these systems.

huh?
12-29-06, 11:51 AM
Seriously this is the stupidest thing I've ever heard. Our legal system is messed up.

matrixrok9
12-29-06, 12:00 PM
Lawyers: 1
Nintendo: 0, because they'll get negative press
People filing the lawsuit: Dumbasses, they'll be lucky to get $1 after attorney fees. Idiots.

PixyJunket
12-29-06, 12:05 PM
I threw something at my TV with enough force to damage it! Now give me money!

God Bless America.

Gizmo
12-29-06, 12:22 PM
Morons. What games require you to literally throw and wave your hands around like an idiot?

Nefarious
12-29-06, 12:32 PM
While I appreciate Nintendo's move to replace the straps that is probably what helped initiate this lawsuit. Some greedy lawyer and stupid individual saw that as an "admission of guilt" so to speak in terms of putting out a faulty product.

The tertiary strength of the strap is enough that won't easily break.

I wonder if Nintendo would have been better off just not offering replacements as I don't think there's anything wrong w/ the original straps. Maybe I'm wrong and there was a weak batch or something but from what I've seen this has nothing to do with a faulty product.

rfduncan
12-29-06, 12:36 PM
Lawyers: 1
Nintendo: 0, because they'll get negative press
People filing the lawsuit: Dumbasses, they'll be lucky to get $1 after attorney fees. Idiots.
Again, this is not necessarily going to be detrimental to Nintendo. They get free publicity. The Wii is so much fun to play that people can't hold onto the controllers while playing.

Don't all of the games (at least as I recall from my playing) have at least one major warning about using the remotes. Pressing a button states you have read and understand the warnings, no?

Anubis2005X
12-29-06, 12:37 PM
Well, Nintendo DID put a faulty product out there. Yes, they are giving new straps, but tell that to people who cracked their TV.

No, it's not faulty, it just wasn't designed to hold the remote to your hand if you throw the remote as hard as you can and stupidly let go.

Outlaw
12-29-06, 12:48 PM
People are so retarded. It says in the instructions not to let go of the remote. But people tend to ignore warnings, much like the case where someone got a seizure by playing a game even though it explicitly has the warning in the front page of the instruction book, and now Nintendo has to put that health warning in front of every game.

If they win, maybe the money should be used to buy these people some brain cells.

gimmepilotwings
12-29-06, 12:50 PM
People are so Wiitarded. It says in the instructions not to let go of the remote. But people tend to ignore warnings, much like the case where someone got a seizure by playing a game even though it explicitly has the warning in the front page of the instruction book, and now Nintendo has to put that health warning in front of every game.

If they win, maybe the money should be used to buy these people some brain cells.

fixed

DJ_Longfellow
12-29-06, 12:51 PM
I just wanted to be the other side....I knwo the lawsuit is ridiculous, but Nintendo almost "admitted" their faults by replacing the straps. Maybe it "slipped" out of their hand....who knows.

Remember, someone won MILLIONS for dumping Hot Coffee on themselves....so, there you go.

Deftones
12-29-06, 01:19 PM
I agree. This is stupid lawsuit. Not because Nintendo did put out a faulty product, but because people that are apart of this lawsuit aren't going to get shit. The lawyers all do in these cases. That's the stupid part.

As for the actual merits of the suit, it is pretty dumb too. People were warned not to swing hard and fast and yet they did.

Absolute Zero
12-29-06, 01:29 PM
I can't say I agree that "Nintendo put out a faulty product" in reference to the straps. The straps break due to abuse. The Wii Remote is just like any other product on the market where someone gets hurt because they don't use the product as intended.

fujishig
12-29-06, 01:31 PM
I just wanted to be the other side....I knwo the lawsuit is ridiculous, but Nintendo almost "admitted" their faults by replacing the straps. Maybe it "slipped" out of their hand....who knows.

Remember, someone won MILLIONS for dumping Hot Coffee on themselves....so, there you go.

That was more of a preemptive strike against these kinds of lawsuits... it's hard for me to believe that there were that many wrist straps breaking.

I'd much rather someone do a class action lawsuit for broken launch consoles, like the upside-down PS1, the faulty-laser PS2, or the overheating 360... even though I hate these kinds of lawsuits, these are actually problems that are the fault of the console makers...

PixyJunket
12-29-06, 01:50 PM
I can't say I agree that "Nintendo put out a faulty product" in reference to the straps. The straps break due to abuse. The Wii Remote is just like any other product on the market where someone gets hurt because they don't use the product as intended.That's really all that needs to be said.

GatorDeb
12-29-06, 03:31 PM
No - These people are idiots & WTH ?!?!

Joe Molotov
12-29-06, 03:57 PM
They'll lose their case, so it doesn't matter. Nintendo's lawyers will kick their ass.

PopcornTreeCt
12-29-06, 08:20 PM
I believe the straps thing was more of a move for free publicity. I do not understand how this can generate a lawsuit when there are a million different problems with the 360.

FantasticVSDoom
12-29-06, 08:21 PM
I think everyone part of the class action lawsuit should have to give their Wiis to people who are waiting for them...Fucking douche bags.

Tracer Bullet
12-29-06, 10:26 PM
I think everyone part of the class action lawsuit should have to give their Wiis to people who are waiting for them...Fucking douche bags.

Yes. Yes, I like this.

On with the lawsuit!

GreenMonkey
12-29-06, 10:54 PM
I just wanted to be the other side....I knwo the lawsuit is ridiculous, but Nintendo almost "admitted" their faults by replacing the straps. Maybe it "slipped" out of their hand....who knows.

Remember, someone won MILLIONS for dumping Hot Coffee on themselves....so, there you go.

Everybody loves to bash on the hot coffee thing. I did too until I read more about the facts. Last time I knew, spilling hot coffee on yourself shouldn't result in 2nd degree burns, skin grafts to fix, etc. McDs was really doing something wrong there.

Now in this case, no one has been severely injured.

BTW I have now officially seen one remote go flying over the holiday. She didn't have the wrist strap tightened enough during bowling and was new to the controller. It bounced off the wall at high velocity. Controller still works, I have a projector, so no harm done.

porieux
12-29-06, 11:03 PM
I don't believe that any wrist straps have broken due to legitimate use.

DJ_Longfellow
12-30-06, 12:09 PM
I don't believe that any wrist straps have broken due to legitimate use.

Well, lets say you play for hours....you hands get sweaty, the controller is slick, controller slips out of your hand....strap breaks...TV breaks. That would suck. I know it's REALLY outrageous about the lawsuit. Maybe Nintendo should put a rubber grip on the controller.

fumanstan
12-30-06, 12:19 PM
Morons. What games require you to literally throw and wave your hands around like an idiot?

To be fair, the nature of the games result in people moving around and flailing their arms more then necessary, and it's hard to argue that's a lot more fun when 2-4 people are standing up and doing so then sitting on the couch barely moving.

That, and i'd say a lot of demos of various games certainly show people moving a decent amount.

But yeah, a class action is dumb :p

sniper308
12-30-06, 03:27 PM
This lawsuit is like filing a lawsuit against a Porn Movie company because you got a callus on your hand :D ... its just wrong

Absolute Zero
12-30-06, 03:55 PM
This lawsuit is like filing a lawsuit against a Porn Movie company because you got a callus on your hand :D ... its just wrong

Exactly

Ocelot
12-31-06, 01:38 AM
What about the scenario where players got competitive and things got out of hand? It's probable that players can injury each other as well as the monitor equipements?

Hmmm, i guess they won't make the Wii Dart game any times soon...

mr_jbloggs
12-31-06, 10:16 AM
So using the logic of this insane lawsuit, If I'm driving down the road and let go of the steering wheel and crash I can go and sue the car manufacturer. The only bebificiary of the suit are the Lawyers.

Tracer Bullet
12-31-06, 10:25 AM
Well, lets say you play for hours....you hands get sweaty, the controller is slick, controller slips out of your hand....strap breaks...TV breaks.

That still shouldn't be an actionable lawsuit. You don't need to swing the wiimote at Mach 2 to play properly.

rfduncan
01-03-07, 05:01 PM
Well, I just got my replacement straps. Seems to me that they still wont deter anyone who has been "flinging" their remote and letting go of it depending on the strap to prevent the remote from taking flight will be safe for terribly long.

Then again, the only people who ordered the replacement straps (like me) probably weren't under any risk of breaking the original strap to begin with. :D

Joe Molotov
01-03-07, 08:27 PM
Well, lets say you play for hours....you hands get sweaty, the controller is slick, controller slips out of your hand....strap breaks...TV breaks. That would suck. I know it's REALLY outrageous about the lawsuit. Maybe Nintendo should put a rubber grip on the controller.

Why not take a break?

http://img54.imageshack.us/img54/7801/window20onto20paradiseqw3.jpg