Author Topic: Class Action Lawsuit filed against Nintendo (Wii strap related) (Read 8210 times)

BlackNMild2k1 · « **on:** December 18, 2006, 06:36:19 AM »

In a follow-up to this thread here is a Law Suit that supposedly led to this action.

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Nintendo's announcement follows the December 6, 2006 class action filed in federal district court in Seattle, Washington which requests that the defective parts be replaced. It also follows about a month of increasing reports posted on the internet of damage and injuries resulting from the defective strap. Green Welling LLP, of San Francisco, California along with Siebken & Siegele of Austin, Texas and Short, Cressman & Burgess of Seattle, Washington, filed the nationwide class action lawsuit on behalf of the owners of the Nintendo Wii against Nintendo of America, Inc., in the U.S. District Court for the Western District of Washington.
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The class action lawsuit seeks to enjoin Nintendo from continuing its unfair or deceptive business practices as it relates to the Nintendo Wii. The lawsuit also seeks an injunction that requires Nintendo to correct the defect in the Wii remote and to provide a refund to the purchaser or to replace the defective Wii remote with a Wii remote that functions as it is warranted and intended. For more information about the replacement program or this lawsuit, go to www.classcounsel.com.

source

But seeing as how Nintendo has offered to replace all the straps for FREE with no hassle to any customer, shouldn't they just drop the suit?

Flames_of_chaos · « **Reply #1 on:** December 18, 2006, 06:42:52 AM »

This just shows how people can get stupid and negligent then they try to sue Nintendo due to their negligence. And Nintendo can simply say that each game has a screen that shows how to properly fasten the wii remote strap. So it still is technically the customer's fault that they aren't following the safety warning instructions.

JonLeung · « **Reply #2 on:** December 18, 2006, 06:45:32 AM »

I never heard of "increasing reports of [whatever] on the Internet" as being a valid point.

Look, there are lawsuits because people want money. It's quite simple, really.

The Wii is the hot thing this holiday season, and well into next year.

Nintendo is making mucho moola because of the Wii (not to mention the DS, and amazingly, GBAs are still selling).

People think, "oooh, we can sue whoever's hot right now - and at the moment it's clearly Nintendo - and sue them for lots and if they decide to throw money our way to get us to drop it, that settlement will still likely be a lot of money too".

Once some people started getting injuries related to their mishandling of the Wii Remote, they got their reason to sue and the rest falls into place.

nitsu niflheim · « **Reply #3 on:** December 18, 2006, 06:50:27 AM »

and we all know that if we see it on the internet, then it is absolutely TRUE. (in regards to all the wii injury reports)

BlackNMild2k1 · « **Reply #4 on:** December 18, 2006, 07:06:01 AM »

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Originally posted by: nitsu niflheim
and we all know that if we see it on the internet, then it is absolutely TRUE. (in regards to all the wii injury reports)

that would be two links, not just one

The Omen · « **Reply #5 on:** December 18, 2006, 10:43:39 AM »

well, we should have expected this, really.

NeoThunder · « **Reply #6 on:** December 18, 2006, 10:52:35 AM »

I wish I could add something to this but I really don't have anything new that I haven't already said. The only thing left is I could say in a way, this is kinda of a good thing. It's a good thing cause i'm sure Nintendo will win the case. but...

The more people that buys the system, the more likely something stupid like this would happen. The more poeple that buys the system, the more stupid stories were going to hear. This just means there are more and more systems ending up in peoples hands.

I'm sure the more people look at it, all they are going to ask themselves is......well, if you just held onto the controller, wouldn't everything be ok?

What's really odd is......there are some games on PS3 that use their crap tilt sensor......and for some reason nobody has thrown their controller into the wall? why does this only occur with Wii.......popularity....and Wii haters.

UncleBob · « **Reply #7 on:** December 18, 2006, 12:31:54 PM »

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[...]replace the defective Wii remote with a Wii remote that functions as it is warranted and intended.

Ummm... I think the existing Wii Remotes pretty much do that... you know, since you're not supposed to LET GO OF THE CONTROLLER. PERIOD. Sweaty hands? Butter fingers? Whatever. Sorry, whoops... but it's not Nintendo's fault you let go of the remote.

BiLdItUp1 · « **Reply #8 on:** December 18, 2006, 12:41:57 PM »

I thought that the issue wasn't that the straps weren't being used and the Wiimotes went flying, it was that the straps were breaking because they weren't strong enough; it's supposed to prevent butterfingers from going out of control, and it obviously is not working here for a fair amt of ppl. (I'm not one of them)

UncleBob · « **Reply #9 on:** December 18, 2006, 01:00:28 PM »

The wrist strap is simply an extra precaution.

It's like this:
Don't wave your Wii Remote around like a crazy fool. If you do, don't let go of it. If you do, the wrist strap will do its best to catch it.

Think of it like this:
Don't drive your car around like a crazy fool. If you do, don't loose control of it. If you do, your seat belt will try its best to catch you.

Arbok · « **Reply #10 on:** December 18, 2006, 01:11:16 PM »

Quote
Originally posted by: UncleBob
Think of it like this:
Don't drive your car around like a crazy fool. If you do, don't loose control of it. If you do, your seat belt will try its best to catch you.

The sad thing is how many law suits there have been related to seat belts already...

http://www.lawyersandsettlements.com/case/car_seat_belt
http://query.nytimes.com/gst/fullpage.html?res=990CEED8113FF936A15750C0A963958260
http://www.injuryboard.com/view.cfm/Article=1063

BlkPaladin · « **Reply #11 on:** December 18, 2006, 02:55:51 PM »

The only people who win class action lawsuits are the lawyers. A group of them convince some idiots to band together in a "common interest" (the lawyers pocketbooks) to bring down the evil corporation. The lawyers get millions of dollars and instead of getting any money back like the idiots orginally wanted they get $2.00 and a already offered free strap.

Strell · « **Reply #12 on:** December 18, 2006, 09:48:48 PM »

You know, I have a question, and I asked this over at CAG but didn't get an answer (though others chimed in that they wanted to know the answer as well), but is this an issue in other countries? Are non-fatass-Americans also throwing their remotes, and breaking the straps, and not holding onto the controller, and breaking their expensive doodadz, etc etc etc?

'Cuz I really, really want to know if it is just my country or not. And I also want to know if only my country would be brilliant enough to think it could sue a major corporation despite numerous warnings that I decided to ignore because I was too busy eating my Big Mac.

UncleBob · « **Reply #13 on:** December 19, 2006, 03:08:10 AM »

You know what'd be funny?

If Sony was bankrolling the lawyers who have filed this lawsuit.

Ceric · « **Reply #14 on:** December 19, 2006, 03:17:56 AM »

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The class action lawsuit seeks to enjoin Nintendo from continuing its unfair or deceptive business practices as it relates to the Nintendo Wii.

What in the world... Simply what...

Personally I wouldn't settle if I was Nintendo. I'm sure the straps were going to be replaced anyway because thats just how Nintendo is. If anything NoA has good customer service, lousy customer treatment but great customer service. I run the people into the ground to set an example and be done with it. It would read "Nintendo is not an easy target so you better not mess with us."

Yes, I'll admit that the original finish of the Wiimote is not the most slip resistant but the gloves are. For goodness sake if you worrying about it slipping go buy a stinking set of gloves for the Wiimotes...

KDR_11k · « **Reply #15 on:** December 19, 2006, 03:26:52 AM »

Americans sue each over over the most trivial crap.

You know what'd be funny?

If Sony was bankrolling the lawyers who have filed this lawsuit.

Naah, Sony's too stupid for that but it's SOP for Microsoft (SCO anyone?).

Ceric · « **Reply #16 on:** December 19, 2006, 03:37:54 AM »

Microsoft doesn't want anything to happen to Nintendo... Yet...
They Whole,
Enemy of my Enemy is my Friend, thing.

If the Wii starts becoming a Media Center and starts having games that would really move there base consumer I don't think they want to mess with them. Now about a year from now when Sony is done the tube because they must of loss everyone competent in there PR Department then I can see MS moving in.

31 Flavas · « **Reply #17 on:** December 19, 2006, 03:55:53 AM »

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NoA has good customer service, lousy customer treatment but great customer service.

Lousy customer treatment? You mean like, they didn't make a $600 hi-def console or didn't ship component cables on launch day? Give me a break...

Ceric · « **Reply #18 on:** December 19, 2006, 04:01:28 AM »

No... Like having a reward program that only gives them free market data.

31 Flavas · « **Reply #19 on:** December 19, 2006, 04:19:20 AM »

I wouldn't exactly call game registration lousy treatment. You know, you could always just NOT register your games until there is a promotion you like.

nitsu niflheim · « **Reply #20 on:** December 19, 2006, 07:36:40 AM »

I just wish/want/demand Nintendo would give us a decent rewards program, something similar at least to the Europe and Japan. We don't get jack 99.9% of the time. What we do get is the occasional freebie (last one I can think of was the free Kirby Pink Stylus or 3 issues of Nintendo Power ~don't remember which was more recent, though I think the NP offer is still good if you haven't already taken it~) and the most recent was with the Wii, register and get an extended warranty... BIG DEAL!

I want a real incentive to register, give me points that I can turn in towards something worthwhile. I keep registering my games and I get nothing in return, but if I don't then I run the risk of not getting something, that is if Nintendo gets up off its collective asses and actually turns My Nintendo into a real program instead of the crap that it's right now!

UncleBob · « **Reply #21 on:** December 19, 2006, 12:49:45 PM »

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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.

This line in particular has bothered me with this entire deal.

But I finally figured it out. I'm just too dumb to understand temporal mechanics!

See, I always thought that the remote left the user's hand and because of that, the wrist strap broke.

But today, I was watching an episode of Star Trek: Voyager that my TiVo had recorded. Long story short, the ship gets caught up answering a hail from another ship... that turns out to be their future selves. Tom Paris questions the fact that they were answering a hail they hadn't sent yet when Janeway replies with the following speech:

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One of the more difficult concepts to grasp in temporal mechanics is that effect can proceed cause. A reaction can be observed before the action that initiated it.

So the wrist strap breaks after the Wii Remote slips out of the user's hands because the wii strap broke... or something.

Is it bigger than a bread box?

News:

Author Topic: Class Action Lawsuit filed against Nintendo (Wii strap related) (Read 8210 times)