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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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Ironic
By AxemanFU on 12/20/2006 12:54:46 PM , Rating: 2
You know, the irony is that Nintendo might have made the quit easier by including the "too weak" strap in the first place, thereby acknowleding there is an issue with the controllers being thrown in game play, and they were aware of it from the start. Doh!

I think nintendo could be responsible for damages caused by the strap being used properly, breaking, and then the remote damaging TV's or causing traumatic (probably more "drama"tic actually) injuries, so there might be some merit for a class action suit if nintendo is found to have implied that the strap was adequate when used. How the plaintiff is going to prove in every case the strap was properly used, I have NO idea..so the suit is destined for a flameout or cheap settlement.

All in all, it is rather funny. The next wave will be repetitive motion injury suits..I threw out my shoulder playing in a nintendo tennis tourney!!! Pain and suffering!!




RE: Ironic
By Fenixgoon on 12/20/2006 2:45:55 PM , Rating: 2
let's suppose you're wearing the wrist strap... in order for the wiimote to fly off and break something:

the strap has to be in sufficient tension to break. this requires either that your hand magically extends to cause such tension, or the remote flies off and physically leaves your hand. since people's hands don't magically grow, the logical thing is that they let go during their frantic play. simply holding the wiimote in your hand does not hold the strap in tension sufficient enough to break it - the wiimote needs to fly off somewhere (apparently towards a tv).

i hope we throw some chlorine in the gene pool REAL fast, because these lawsuits are getting worse and worse. *could* nintendo have provided thicker straps? sure. but are they responsible for the consumer's inability to properly use the device? no.


"Well, we didn't have anyone in line that got shot waiting for our system." -- Nintendo of America Vice President Perrin Kaplan














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