Release List Reviews Shop Join News DVD Giveaways Video Games Advertise
DVD Reviews | Theatrical Reviews | Adult DVD Reviews | Video Game Reviews | Price Search Buy Stuff Here
Video Game Talk
HD Reviews
 



Go Back   DVD Talk Forum > Entertainment Discussions > Video Game Talk

Video Game Talk The Place to talk about and trade Video & PC Games

View Poll Results: Do you think this is an actionable lawsuit?
Yes - This is a valid class action suit 6 6.52%
No - These people are idiots 82 89.13%
Who cares? I own a different console! 1 1.09%
No opinion 1 1.09%
Twikoff 2 2.17%
Voters: 92. You may not vote on this poll

Reply
 
Thread Tools
Old 12-29-06, 10:57 AM   #1
rfduncan
DVD Talk Hall of Fame
 
Join Date: Dec 1999
Location: Washington, DC
Posts: 9,826
Nintendo Slapped with Class Action Lawsuit over Wii

Found this online at Engadget:

Quote:
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?
__________________
Hi, Super Nintendo Chalmers!
- Ralph Wiggum

A Grilled Charlie has peanut butter last! Peanut butter outside, chocolate inside! Butter inside, cheese outside!
- Charlie Kelly
  Reply With Quote
Old 12-29-06, 11:05 AM   #2
darkside
DVD Talk Legend
 
darkside's Avatar
 
Join Date: Aug 2000
Location: San Antonio
Posts: 19,840
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.
__________________
DVDAF/DVD Profiler/Games
Wii Code: 6061 0636 6661 8088
PSN & XBL: aagstn
  Reply With Quote
Old 12-29-06, 11:06 AM   #3
Noonan
DVD Talk Limited Edition
 
Join Date: Jan 2001
Location: MA
Posts: 5,877
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.
  Reply With Quote
Old 12-29-06, 11:09 AM   #4
Groucho
Moderator
 
Groucho's Avatar
 
Join Date: Mar 2000
Location: Salt Lake City, Utah
Posts: 66,921
I'm not sure what they want. Nintendo is already giving out free replacements. What else are they supposed to do?
__________________
Xbox Live: Runner Groucho
PSN: RunnerGroucho

"The Borg is a species" -- Tracer Bullet (Citation)
  Reply With Quote
Old 12-29-06, 11:13 AM   #5
gimmepilotwings
Suspended
 
Join Date: Oct 2003
Posts: 3,598
Quote:
Originally Posted by Groucho
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.
  Reply With Quote
Old 12-29-06, 11:15 AM   #6
Groucho
Moderator
 
Groucho's Avatar
 
Join Date: Mar 2000
Location: Salt Lake City, Utah
Posts: 66,921
Quote:
Originally Posted by gimmepilotwings
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?
  Reply With Quote
Old 12-29-06, 11:17 AM   #7
dkny75
Senior Member
 
Join Date: May 2005
Location: NYC
Posts: 707
Stupid class action lawsuit. Waste of time and everyone's money.
__________________
DVD Spot
DVD Aficionado
DVD Profiler
Wii number: 8635 5577 9502 4722
  Reply With Quote
Old 12-29-06, 11:18 AM   #8
DJ_Longfellow
DVD Talk Limited Edition
 
Join Date: Jun 2000
Location: Michigan
Posts: 6,576
Well, Nintendo DID put a faulty product out there. Yes, they are giving new straps, but tell that to people who cracked their TV.
  Reply With Quote
Old 12-29-06, 11:20 AM   #9
Groucho
Moderator
 
Groucho's Avatar
 
Join Date: Mar 2000
Location: Salt Lake City, Utah
Posts: 66,921
Quote:
Originally Posted by DJ_Longfellow
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.
  Reply With Quote
Old 12-29-06, 11:21 AM   #10
The Cow
DVD Talk Legend
 
Join Date: Jan 2000
Location: Grazing in a field somewhere...
Posts: 18,169
Quote:
Originally Posted by Groucho
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.
  Reply With Quote
Old 12-29-06, 11:21 AM   #11
deadlax
DVD Talk Gold Edition
 
Join Date: Nov 2000
Location: Decatur, GA
Posts: 2,148
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.
  Reply With Quote
Old 12-29-06, 11:24 AM   #12
Tracer Bullet
DVD Talk Legend
 
Join Date: Sep 2003
Location: IND Crosstown
Posts: 24,459
Quote:
Originally Posted by DJ_Longfellow
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?
__________________
I do Tracer's bidding! -Slop101
Third World countries are worthy of our derision. -Sean O'Hara
Personally, I would say that Tracer Bullet is leading you in the wrong direction. -Supermallet
  Reply With Quote
Old 12-29-06, 11:29 AM   #13
Groucho
Moderator
 
Groucho's Avatar
 
Join Date: Mar 2000
Location: Salt Lake City, Utah
Posts: 66,921
Quote:
Originally Posted by Tracer Bullet
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.
  Reply With Quote
Old 12-29-06, 11:33 AM   #14
Tracer Bullet
DVD Talk Legend
 
Join Date: Sep 2003
Location: IND Crosstown
Posts: 24,459
Quote:
Originally Posted by Groucho
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.
__________________
I do Tracer's bidding! -Slop101
Third World countries are worthy of our derision. -Sean O'Hara
Personally, I would say that Tracer Bullet is leading you in the wrong direction. -Supermallet
  Reply With Quote
Old 12-29-06, 11:33 AM   #15
Noonan
DVD Talk Limited Edition
 
Join Date: Jan 2001
Location: MA
Posts: 5,877
Quote:
Originally Posted by DJ_Longfellow
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.
  Reply With Quote
Old 12-29-06, 11:46 AM   #16
ChrisHicks
DVD Talk Ultimate Edition
 
Join Date: Jan 2001
Location: Michigan
Posts: 4,654
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?
__________________
Wii Friend Code: 1249 6431 9623 9624 / XBL/PS3/PS4 Gamertag: chrishicks
  Reply With Quote
Old 12-29-06, 11:48 AM   #17
Tracer Bullet
DVD Talk Legend
 
Join Date: Sep 2003
Location: IND Crosstown
Posts: 24,459
Quote:
Originally Posted by ChrisHicks
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.
__________________
I do Tracer's bidding! -Slop101
Third World countries are worthy of our derision. -Sean O'Hara
Personally, I would say that Tracer Bullet is leading you in the wrong direction. -Supermallet
  Reply With Quote
Old 12-29-06, 11:48 AM   #18
Groucho
Moderator
 
Groucho's Avatar
 
Join Date: Mar 2000
Location: Salt Lake City, Utah
Posts: 66,921
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!
  Reply With Quote
Old 12-29-06, 11:51 AM   #19
Brian Shannon
DVD Talk Legend
 
Join Date: Jun 1999
Location: USA
Posts: 11,766
I think Nintendo (and other manufacturers) should start requiring people to sign waivers when they purchase these systems.
  Reply With Quote
Old 12-29-06, 11:51 AM   #20
huh?
DVD Talk Limited Edition
 
Join Date: Apr 2000
Location: Beverly, MA
Posts: 5,504
Seriously this is the stupidest thing I've ever heard. Our legal system is messed up.
  Reply With Quote
Old 12-29-06, 12:00 PM   #21
matrixrok9
DVD Talk Special Edition
 
Join Date: Oct 1999
Posts: 1,929
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.
  Reply With Quote
Old 12-29-06, 12:05 PM   #22
PixyJunket
DVD Talk Legend
 
Join Date: Oct 1999
Location: Plano, TX
Posts: 23,217
I threw something at my TV with enough force to damage it! Now give me money!

God Bless America.
__________________
Twitter, Wii U and Xbox 360: PixyJunket
  Reply With Quote
Old 12-29-06, 12:22 PM   #23
Gizmo
DVD Talk Hero
 
Gizmo's Avatar
 
Join Date: Jan 2000
Location: Formerly known as "GizmoDVD"/Southern CA
Posts: 29,861
Morons. What games require you to literally throw and wave your hands around like an idiot?
  Reply With Quote
Old 12-29-06, 12:32 PM   #24
Nefarious
DVD Talk Ultimate Edition
 
Join Date: Apr 2001
Location: In the Middle
Posts: 4,201
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.
__________________
There are three types of lies: Lies; Damned Lies; & Statistics
  Reply With Quote
Old 12-29-06, 12:36 PM   #25
rfduncan
DVD Talk Hall of Fame
 
Join Date: Dec 1999
Location: Washington, DC
Posts: 9,826
Quote:
Originally Posted by matrixrok9
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?
__________________
Hi, Super Nintendo Chalmers!
- Ralph Wiggum

A Grilled Charlie has peanut butter last! Peanut butter outside, chocolate inside! Butter inside, cheese outside!
- Charlie Kelly
  Reply With Quote
Sponsored Links
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


All times are GMT -5. The time now is 11:52 PM.

Rules - DVD Talk - Archive - Privacy Statement - Top

Powered by vBulletin® Version 3.7.2
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.2.0
Copyright 2011 DVDTalk.com All Rights Reserved. Privacy Policy and Terms of Use.