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Print 106 comment(s) - last by rcc.. on Dec 21 at 5:42 PM

Nintendo must have seen this coming

As was bound to happen, law firm Green Welling LLP filed a nationwide class action lawsuit on behalf of the owners of the Nintendo Wii against Nintendo of America. The class action lawsuit contends that the Nintendo Wii is defective in nature due to the wrist strap for the remote.

The statement from the firm says that Nintendo is in the wrong as owners of the Nintendo Wii who supposedly followed the material that accompanied the Wii console experienced broken wrist strap causing the remote to leave the user’s hand. The lawsuit seeks an injunction that requires Nintendo to correct the defect and to provide a refund to the purchaser or to replace the defective Wii remote.

“Nintendo’s failure to include a remote that is free from defects is in breach of Nintendo’s own product warranty,” the statement reads. “The class action lawsuit seeks to enjoin Nintendo from continuing its unfair or deceptive business practices as it relates to the Nintendo Wii.”

The class action lawsuit now awaits approval from a judge. Nintendo has already responded to wrist strap worries with stronger materials and safety reminders. Last week Nintendo started offering free wrist strap replacements for all Nintendo Wii owners, allowing its users to upgrade to the safer and hopefully less accident-prone equipment.



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RE: bunch of idiots
By encryptkeeper on 12/20/2006 10:32:06 AM , Rating: 2
I'm not republican by ANY stretch of the imagination but I think this lawsuit was a joke. If someone is doing something they shouldn't do with a product (i.e. try to hold a hot cup of coffee in your lap) then it should negate the manufacturer from liability. It goes back to the Wiimote straps and broken tvs. Nintendo can't be responsible for broken tvs due to people letting go of the Wiimotes any more than I can sue Wilson if I decide to play football in the house and wind up breaking a window.


RE: bunch of idiots
By encryptkeeper on 12/20/2006 10:38:55 AM , Rating: 2
I should have mentioned this in my original post, but it goes to precedent. People able to do stupid shit and blame it on a manufacturer just opens the door for more ridiculous claims and higher prices for the consumer. The judge that decided this case really didn't consider that.


RE: bunch of idiots
By kasey01 on 12/20/2006 10:46:58 AM , Rating: 2
You think prices would be lower if there were no lawsuits against manufacturers? Yeah right. You sound like the doctors and insurance companies who said premiums and in turn medical care would be less costly if we capped damages in medical malpractice suits.


RE: bunch of idiots
By encryptkeeper on 12/20/2006 10:59:08 AM , Rating: 2
It's common sense. I know these cases will NEVER go totally away, to assume that would be insane. But fewer cases would be fewer grounds to increase prices.


RE: bunch of idiots
By masher2 (blog) on 12/21/2006 4:57:24 AM , Rating: 1
> "You think prices would be lower if there were no lawsuits against manufacturers?"

This is nothing but common sense...which apparently isn't so common among some people. In any competitive market, companies lower prices as much as possible, allowing them to still make a profit (and sometimes even below that). The cost of civil suit payouts, and/or legal fees and insurance to guard against them, is a cost of doing business, and one that prevents them from lowering prices. If these costs vanished, would every manufacturer instantly lower prices? No, but some would...and their competitive advantage would force the rest of the market to follow suit.

In some industries, these costs don't simply add 10 or 20 percent to the product's price, but far more. For instance, the majority of the price of any ladder taller than 6' is due to litigation exposure.


RE: bunch of idiots
By Legolias24 on 12/20/2006 12:22:17 PM , Rating: 3
quote:
Nintendo can't be responsible for broken tvs due to people letting go of the Wiimotes any more than I can sue Wilson if I decide to play football in the house and wind up breaking a window

First off I think Nintendo is partly responsible. They designed a controller that was meant to be used in a manner in which you mimic the actions of say a sword fighter, bowler, tennis player etc. The strap, which while not intended to be the only thing that keeps the remote from flying around the room, should have been built strong enough to handle over eager individuals who might intentionally/unintentionally let go of the controller while playing their games. Didn't Nintendo make the claims of getting us up and out of our seats in order to play their games?!

I'm just sick and tired of reading comments that state "It's not Nintendo's fault" or "People are just stupid!" or "The controllers aren't being used right!". Seriously, this controller is being used in the manner in which it is intended (more or less). The fact remains that Nintendo didn't design a strong enough strap for a 'what if' scenario, (which is a pretty damn likely 'what if' scenario when you think about it), that takes into consideration how they want their controllers to be used!

As for the analogy, a football is intended to be used such that it leaves your hand/foot, if it wasn't then there would be a strap or some other restraint on it. The remote is not intended to leave your hand during game play, which is true; hence the strap...but wait, the straps are breaking so the remote does leave your hand. Why are the straps breaking? Well simple, they weren't designed properly.

And if something is not designed properly then that leads to; everybody all together now; DEFECTS in the design! (Dictionary.com defines a defect as several things including: An imperfection that causes inadequacy or failure! From what I've read, the strap failed or was designed with the wrong purpose in mind which is still a failure of a design)

Personally tough, I think the lawsuit has no merit as Nintendo is already looking after the issue (cudos to Nintendo for addressing the problem so quickly...too bad they didn't figure this stuff out during product testing).


RE: bunch of idiots
By rcc on 12/20/2006 2:02:07 PM , Rating: 2
You make it sound as if anytime the remote is released the strap breaks. I believe you will find that an error. I think you'll find that the same people are releasing the remote repeatedly until the strap wears enough to break.

Lets sue the rope manufacturer when our rope swings break! Oh, wait, those are too dangerous, we aren't allowed to use them anymore. That about made me want to puke when I heard it.

All, IMNSHO, of course.


RE: bunch of idiots
By Legolias24 on 12/20/2006 3:52:22 PM , Rating: 1
Nintendo said they will be replacing over 2 million straps (2.8 Million if my memory serves me correct). I don't know about you, but if a company is offering a replacement strap for all of their controllers then they are recognizing that there is a reasonable amount of probability that suggests the likelihood of the strap breaking is..well likely.

If your last paragraph is in relation to my post then I suggest you re-read my post. No where did I make the claim that anyone should be sued if an item breaks during operation. However, in the case of your "swing" analogy, if evidence can be found suggesting the swing chain/rope was of poor quality and not up to safety standards then yeah, sue the heck out of the swing manufacturer for endangering public safety! But I think you were writing that paragraph in relation to the article itself so please disregard this last paragraph of my post! :)


RE: bunch of idiots
By rcc on 12/20/2006 4:29:51 PM , Rating: 2
Yes, but why is the question. Because we live in a sue happy society and it's good to be proactive. They discovered, as did we all, that normal usage wasn't what they thought it was, and implemented a fix. This doesn't necessarily mean they think it's reasonable, just that it's cheaper in the long run.

I on the other hand, have a pretty good idea about the common sense and manual dexterity of the average household these days, and I'd have made them even more substantial from the start. And, I'm sure my accountants would have squawked. (Listen to them, but never let them make decisions : ))

2nd para.. No, it wasn't targeted. It's just me complaining. I spent a year and a bit up in the Sacramento area where they actually have rivers. And was disgusted to find that you can no longer hang a piece of rope from a tree and swing out into the water. The police, fish and game, etc. people cut them down when they find them or confiscate the rope if you're still there. Don't think they cite, yet. So, the "rope" in question is typically 500-1000 pound test plain old nylon/poly or even manila rope.



"It's okay. The scenarios aren't that clear. But it's good looking. [Steve Jobs] does good design, and [the iPad] is absolutely a good example of that." -- Bill Gates on the Apple iPad














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