Nintendo Slapped with Class Action Lawsuit over Wii

[rfduncan]

Found this online at Engadget:

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]

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]

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]

I'm not sure what they want. Nintendo is already giving out free replacements. What else are they supposed to do?

[gimmepilotwings]

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.

[Groucho]

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?

[dkny75]

Stupid class action lawsuit. Waste of time and everyone's money.

[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.

[Groucho]

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.

[The Cow]

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.

[deadlax]

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]

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?

[Groucho]

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.

[Tracer Bullet]

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.

[Noonan]

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.

[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?

[Tracer Bullet]

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.

[Groucho]

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]

I think Nintendo (and other manufacturers) should start requiring people to sign waivers when they purchase these systems.

[huh?]

Seriously this is the stupidest thing I've ever heard. Our legal system is messed up.

[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.

[PixyJunket]

I threw something at my TV with enough force to damage it! Now give me money!

God Bless America.

[GizmoDVD]

Morons. What games require you to literally throw and wave your hands around like an idiot?

[Nefarious]

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]

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?