A mother is blaming Nintendo for epileptic seizures her child suffered while playing video games. She demands big warnings on the box, in the manual and on the screen while playing and some more insane stuff.
If you ask me, Nintendo should reply with "WTF? RTFM, N00B!" or at least add a big, flashing warning to the startup screens of their games "Warning!! May cause epilepsy!!" (flashing black and white so everybody sees it ).
Title: RE:Nintendo sued over epileptic seizures
Post by: The Omen on March 08, 2004, 06:27:19 AM
Maybe the mother should actually read the booklet that comes with every game and system. They address this issue.
That article may give me a seizure...of anger
Title: RE: Nintendo sued over epileptic seizures
Post by: nitsu niflheim on March 08, 2004, 07:26:30 AM
yep, Nintendo has already covered the bases, and their ass with the warning in the booklet. This is destined to go down into dismissed lawsuit hell where it should go, and Nintendo should counter sue on the grounds for stupid people who always want to blame other people for anything, and think they should get something for nothing.
Title: RE: Nintendo sued over epileptic seizures
Post by: KnowsNothing on March 08, 2004, 09:04:35 AM
Seriously, it says it in the GC booklet and in the booklet that comes with every game......if the kid had an existing neurological condition (sorry, didn't read the article, so i don't know), then the parents should have known to read the booklets to see if there might be any effects. Videogames aren't the cause of seizures, but they may induce them if the person has been known to have seizures before (becasue of flashing lights or whatever).
Title: RE:Nintendo sued over epileptic seizures
Post by: mouse_clicker on March 08, 2004, 10:19:48 AM
From the back of the game case right above the content rating (which parents should be looking at anyway) in a white box with a bright red border:
Quote /!\ WARNING: PEOPLE WHO ARE PHOTOSENSITIVE (HAVE HAD SEIZURES INDUCED BY FLASHING LIGHTS OR PATTERNS) SHOULD NOT PLAY VIDEO GAMES WITHOUT FIRST SEEING A DOCTOR.
Nintendo, I believe, requires these warnings on the back of all Gamecube game boxes, regardless of whether it's 1st part or not. To the best of my knowledge, neither Sony nor Microsoft require such warnings. 'Nuff said.
Title: RE:Nintendo sued over epileptic seizures
Post by: StrikerObi on March 08, 2004, 11:47:13 AM
The lawsuit is not happening because there were no warning, as obviously there are warning all over the place. The family is suing Nintendo because they do not thinking the warnings Nintendo currently uses comply with federal law. Regardless, it's still really retarded. If your kid is epileptic he shouldn't be playing videogames in the first place.
Title: RE:Nintendo sued over epileptic seizures
Post by: Uglydot on March 08, 2004, 12:49:40 PM
They shouldn't be if the parent has yet to know the cause of the seazures or if that is the type of thing that stimulates them. Video games don't have to cause them just because someone is epileptic. From experience with this sort of thing in my family, there is a large amount of information to help parents. This is a needless lawsuit.
Title: RE: Nintendo sued over epileptic seizures
Post by: ThePerm on March 08, 2004, 12:50:01 PM
its even in bold red attention catching letters on the box....and theres a thing that sais Important! read thei nstruction manual as well....stupid fucking people
Title: RE: Nintendo sued over epileptic seizures
Post by: Draygaia on March 08, 2004, 12:55:51 PM
They don't even need those warnings on a video game. If you buy a TV you could still experience the seizure.
Title: RE:Nintendo sued over epileptic seizures
Post by: vudu on March 08, 2004, 01:03:19 PM
Quote To the best of my knowledge, neither Sony nor Microsoft require such warnings.
can anyone confirm of deny this comment?
Title: RE: Nintendo sued over epileptic seizures
Post by: vudu on March 08, 2004, 01:04:27 PM
btw, anyone know what game the kid was playing when he had the seizure?
Title: RE:Nintendo sued over epileptic seizures
Post by: Hostile Creation on March 08, 2004, 01:09:20 PM
I was wondering that myself, because it may not even be a Nintendo game, and that'd be really dumb.
Kids with epilepsy should play basketball.
Title: RE:Nintendo sued over epileptic seizures
Post by: Draygaia on March 08, 2004, 01:18:51 PM
Quote Originally posted by: kingvudu btw, anyone know what game the kid was playing when he had the seizure?
It would be funny if it was a robot game with some Japanese anouncer in saying stuff in Japanese and everything gets crazy like the Simpsons episode where they went to Japan.
Title: RE:Nintendo sued over epileptic seizures
Post by: mouse_clicker on March 08, 2004, 01:50:51 PM
Quote The family is suing Nintendo because they do not thinking the warnings Nintendo currently uses comply with federal law.
Like I said, the box is outline in bright red, and is even above the content rating, which every parent should look for when buying a game for their child.
Quote can anyone confirm of deny this comment?
I think it's safe to assume so- quite literally every one of my Gamecube games has the exact same warning in the exact same spot, 1st and 3rd party alike. Conversely, none of my PS2 games have such a warning, regardless of affiliation, and to the best of my knowledge XBox game cases do not sport the warning either, although I could be wrong. This raises the question of why is this lady suing Nintendo when at the very least Sony (I guarantee you more people are playing PS2 games than Gamecube games) doesn't have a warning at all, while Nintendo apparently requires them?
Title: RE: Nintendo sued over epileptic seizures
Post by: Bill Aurion on March 08, 2004, 02:06:25 PM
"...to the best of my knowledge XBox game cases do not sport the warning either"
Nope, they don't...
Suing Nintendo over seizures is like suing McDonalds for getting fat...Oh wait, someone already has...I hate the justice system, and I hate people in general...
Title: RE:Nintendo sued over epileptic seizures
Post by: yellowfellow on March 08, 2004, 02:45:03 PM
quick cash grab SOBs. people like this want to make me puke.... preferably on their faces.
Title: RE: Nintendo sued over epileptic seizures
Post by: NinGurl69 *huggles on March 08, 2004, 03:03:38 PM
I'm surprised Viewtiful Joe isn't mentioned as a repeat-offender.
Title: RE:Nintendo sued over epileptic seizures
Post by: ThePerm on March 08, 2004, 03:10:15 PM
well nintendo game signals must go through a tv screen...and as well i beleive all tvs have epileptic warnings on them as well. This person is just wanting to scape goat nintendo for its bad parenting..and wants them to play doctoring fees.
Title: RE: Nintendo sued over epileptic seizures
Post by: ib2kool4u912 on March 08, 2004, 03:28:16 PM
Well the Gamecube did need electricity to work, let's sue the power company!
Title: RE: Nintendo sued over epileptic seizures
Post by: Berny on March 08, 2004, 05:14:39 PM
If this goes anywhere, I will sue whatever state is doing this. (I didn't read the article, nor do I wish to) This sorta thing happens all the time. This is why McDonald's has to TELL you that your coffee is hot. People are so dumb. I really hate people. I want to be Irken. Or a Hobbit. Yeah, I could go for Hobbitdom.
Title: RE: Nintendo sued over epileptic seizures
Post by: Termin8Anakin on March 09, 2004, 02:31:36 AM
This person should be suing Sony and Microsoft, not Nintendo. Because surely if Nintendo does everything it can to say that games can cause seizures, short of replacing box art altogether for warning labels, MS and Sony are more to blame.
I would so laugh if there actually IS a game based on the 'hit' series 'Super Seizure Robots!!!!!'
Hahahaha!!
Title: RE: Nintendo sued over epileptic seizures
Post by: KDR_11k on March 09, 2004, 05:26:29 AM
Nintendo (or Pokemon) holds the world record for "most epileptic seizures during a TV programme". One episode of Pokemon caused 40 000 (or 4k, don't remember) cases of epilepsy across Japan according to the Guinness Book of World Records. Okay, was a few years ago, might be trumped by now. However, that's none of their video games.
Maybe the mother thought Nintendo is a small company and doesn't have strong lawyers to defend itself.
Title: RE:Nintendo sued over epileptic seizures
Post by: ThePerm on March 09, 2004, 05:59:51 AM
the very fact that the pokémon...a tv show was something on a TELEVISION that also caused seisures indicates that any set of TELEVISION images can cause photosensitive people to have seisures.
Title: RE: Nintendo sued over epileptic seizures
Post by: Ian Sane on March 09, 2004, 06:12:35 AM
"This sorta thing happens all the time. This is why McDonald's has to TELL you that your coffee is hot. People are so dumb."
It has nothing to do with stupidity but more with corruption and greed. People sue about everything they can regardless of how dumb it might seem because they hope they can benefit from their own goof up.
I know that if I suffered a seizure from playing a game I would just, you know, not play that game anymore. But I'm a responsible person who admits his mistakes. If I suffered from epilepsy I would be extremely careful about it and if there were warnings anywhere (and there were) I would have read them.
I had to go to a physiotherapist because after playing my GBA for several hours I aggravated a neck injury to the point that nerves in my shoulder were spazing. I didn't sue Nintendo for it because it's common sense to not play that long when you have neck problems. I made a mistake and Nintendo shouldn't have to pay for it.
Title: RE:Nintendo sued over epileptic seizures
Post by: cubefreak123 on March 10, 2004, 04:05:49 PM
Quote Originally posted by: Ian Sane "This sorta thing happens all the time. This is why McDonald's has to TELL you that your coffee is hot. People are so dumb."
It has nothing to do with stupidity but more with corruption and greed. People sue about everything they can regardless of how dumb it might seem because they hope they can benefit from their own goof up.
I know that if I suffered a seizure from playing a game I would just, you know, not play that game anymore. But I'm a responsible person who admits his mistakes. If I suffered from epilepsy I would be extremely careful about it and if there were warnings anywhere (and there were) I would have read them.
I had to go to a physiotherapist because after playing my GBA for several hours I aggravated a neck injury to the point that nerves in my shoulder were spazing. I didn't sue Nintendo for it because it's common sense to not play that long when you have neck problems. I made a mistake and Nintendo shouldn't have to pay for it.
my thoughts exactly. This world is after one thing, money, and parents will look for the stupidest reasons to get money. That and its telling there kids that its not there fault when in reality IT IS!!. If i skated on my schools property and i broke my arm, my parents would say "its your own fault deal with it" they wouldnt freaking sue the school. Not there fault that i broke my arm there, its my fault that i fell.
Title: RE:Nintendo sued over epileptic seizures
Post by: Ghost_of_a_Flea on March 13, 2004, 02:06:24 AM
It just goes to show you that you can sue anyone for anything; it doesn't mean you'll win, but hey... they got the attention they were obviously seeking! This is really the worst lawsuit I have ever heard about; inside the book for every Nintendo game there's a list of warnings involving Seizures.
Quote Some people (about 1 in 4000) may have seizures or blackouts triggered by light flashes, such as while watching TV or playing video games, even if they have never had a seizure before.
Anyone who has had a seizure, loss of awareness, or other symptom linked to an epileptic condition should consult a doctor before playing a video game.
Parents should watch when their children play video games. Stop playing and consult a doctor if you or your child have any of the following symptoms:
Convulsions, Eye or muscle twitching, Loss of awareness Altered Vision, Involuntary movements, Disorientation
To reduce the likelihood of a seizure when playing video games:
1. Sit or stand as far from the screen as possible. 2. Play video games on the smallest available television screen. 3. Do not play if you are tired or need sleep. 4. Play in a well-lit room. 5. Take a 10 to 15 minute break every hour.
These are repeated in the Precautions Booklet; so with the bright red warning label (easily visible before purchase) on each case, the warning is in each game no less than three times. Right next to the seizure warning on the case is another label, "Important! Read the instruction and precaution booklets before setup or use of your system." I don't see how you can blame a company because you didn't follow the warnings repeated throughout the product.
However, it has inspired me; I have a friend who is epileptic... I feel she needs to sue the city because there's no warning labels on trees. See, when riding in a car the sun coming through the trees combined with the motion of the vehicle creates a strobe effect that can put her into seizures. We feel that all trees should have large, visible warning labels, and if that doesn't remedy the problem they should issues a city-wide recall of all trees. Perhaps they should trim the trees according to their seizure risk?
I'm working on my own lawsuit, the hammer I recently bought didn't have a label saying it could be hazardous to one's health by dropping it on your toe; a warning should come with all hammers advising everyone to wear steel-toed boots.
Title: RE:Nintendo sued over epileptic seizures
Post by: manunited4eva22 on March 13, 2004, 05:32:46 AM
Title: RE: Nintendo sued over epileptic seizures
Post by: Zach on March 14, 2004, 04:51:01 PM
At least the system works well enough that SOBs like these people dont have their way, because if these people had their way, nintendo would go out of business. They want nintendo to put THEIR MONEY into a negative advertising campaign to talk about seizures. They want a REFUND system so that you can get a refund for your nintendo games (I can just see half a million stupid kids getting refunds for their old nintendo games and costing nintendo millions of dollars) and to create special low seizure risk games that people can trade in "high risk" games for. Also their is the matter of the Court cost and money for damages. It makes me wonder if these people are Xbox fans, lol
Sorry if I am ranting, but SOBs like this get me so P.O.ed
Title: RE:Nintendo sued over epileptic seizures
Post by: yellowfellow on March 14, 2004, 06:09:22 PM
as i said in talkback, but i figure might as well contribute here: this is the sorriest excuse for a cash grab since anna nicole smith's marriage to millionaire J. Howard Marshall II. The fact that he singled out the ONLY game/console developer that actually has warnings within it's instruction manuals makes me sick and leaves me feeling like there is no justice in this world. i think parents need to take a more proactive stance with their childrens activities, not retroactive and this exploitation of sympathy generated by a child's misfortune is exactly the "after the fact" bitching and whining of the latter, which unfortunately seems to be characteristic of too many of the american public. read the goddamn booklets and caution your kids about what is appropriate. parents should be protectors and guides not kid's enforcers to battle injustice and save face when the real gross negligence was the parent's lack of initial involvement.
Title: RE: Nintendo sued over epileptic seizures
Post by: KDR_11k on March 14, 2004, 07:23:26 PM
Zach: Hehe, I can see it already:
You see: A kid playing a PS2. The kid has a seizure and dies. Tagline: "This could have been avoided with Nintendo products".
Hehehe...
Title: RE:Nintendo sued over epileptic seizures
Post by: Oldskool on March 17, 2004, 04:43:18 AM
So why are Sony and Microsoft never sued? If this happens all the time with people playing Nintendo consoles, doesn't it happen with Sony and MS consoles? Nintendo takes all these precautions that neither Sony or MS take, yet it still gets sued by parents who forget that there are already big warning labels...
Title: RE:Nintendo sued over epileptic seizures
Post by: Uglydot on March 17, 2004, 08:48:05 AM
Everyone knows Nintendo. They probably would complain against PS2 or Xbox but have no idea of who to go against. I hear ps2 and Xbox used as company names all the time. Nintendo is the only one who's name is really widely known.
Title: RE: Nintendo sued over epileptic seizures
Post by: Draygaia on March 17, 2004, 01:48:09 PM
Kinda like GTA3. Out of all the video game violence out there and coming out GTA3 is what the talk is about.
Title: RE: Nintendo sued over epileptic seizures
Post by: slacker on March 17, 2004, 08:28:50 PM
I'm glad Nintendo decided to settle this case. Who knows what might have happened had it went to the jury for verdict. If this went to verdict, and Nintendo was guilty, it opens the flood gates of lawsuit from numerous people and will affect the entire industry. I would say Nintendo and the industry as a whole should address this issue immediately, before another one turns up. I say slap a warning label in a very obvious place on the box. Keep the precaution booklet as it is, but just before the Title screen of each game, show the warning again and do not allow it to be skip. I think this would bullet proof the industry from further law suit like this. I don't like the fact that people sue for something that is as unpredictable as epileptic seizures cause by games and entertainment mediums, but things like this would be taken very seriously by the industry.
Title: RE: Nintendo sued over epileptic seizures
Post by: oohhboy on March 19, 2004, 12:52:40 AM
Look. Other mediums don't have warning labels and if they do it is some sub text at the bottom of the screen. Hell The TV manual carries a warning.
Nintendo has meet and gone above what was required for them in the industry by having a bright red warning on the box and the booklet inside.
But the real problem hereis that law-suits are out of control in America. I could get off a plane and some one could slap a suit on me and I would be forced to fight it. Schools don't have play grounds anymor since school are too bloody scared of being sued. A lawyer with a suit is alot more dagerous than a gun right now and that's saying something. A gun might kill you, but a law suit might not kill you, but you might better off if you were.
Although it was the wrong thing for Nintendo to settle since they had more than even chance of winning the case, the negative PR wouldn't have one anybody any good. Boils down to media blackmail. What has that country come to...
Title: RE:Nintendo sued over epileptic seizures
Post by: slacker on March 19, 2004, 03:31:28 PM
I agree with oohboy that Americans have gotten lawsuit fever. This has something to do with lawyers urging people to sue, and people's tendency to be negligent. I also agree that Nintendo and the entire industry have done a great job warning people of extensive play, and seizures. However, to some people who may not have ever played a video game in their life (especially the modern ones), a warning label (they may think its too small and inadequate) and a precaution booklet (they may not read) may not be enough. I personally think a warning label would be plastered in the front, and if they are going to keep it in the back, I think its needs to be a little more bigger (I'm thinking like an uninformed parent here). The lawsuit really sucks because it single out only one company. If this person really wanted to make a difference, he should sue the industry or have Congress mandate some sort of awareness program from the industry. I see why Nintendo settled. It was too risky for a jury verdict because proving negligence is a lot easier. Good lawyers can make what seems responsible, not so responsible. I for one believe most parents aren't aware of this risk, and that is where Nintendo might be made nervous. We haven't seen the last of such lawsuit yet.
Title: RE: Nintendo sued over epileptic seizures
Post by: oohhboy on March 20, 2004, 01:29:50 AM
The problem with slapping a warning on the front of the box is that once you do that, when will you stop? Are you going to have to throw carple-tunnel, short-sightness, red-eye, emotional detactment, getting fat in there too?
It's like saying on a packet of food "Warning: This may make you fat and/or make you fart where there is a one in 500 million chance you have a blow-out causing extream pain and sexual disfunction".
I am all good for smokes having warning labels due to the fact that it has direct negative health effects to the smoker and the guy next to them. But getting a seizure from a game is not a direct affect. It is a trigger to a condition that was already present. They should have been glad that it didn't happen somewhere else mor critical.
I am against having such excessive warnings. You jump off a bridge of your own free will. You get hurt. Your going to sue the owner of the bridge, gravity, god?
The awarness thing relates back to he T.V. There will be patterns and lights. It is unavoidable. Same in the outside world. There are patterns and lights about the place. No warning labels there. But maybe this is a fundamental flaw of near pure capitailism. Far too much greed.
Title: RE:Nintendo sued over epileptic seizures
Post by: KDR_11k on March 20, 2004, 06:54:16 PM
Quote Originally posted by: oohhboy Your going to sue the owner of the bridge, gravity, god?
Reminds me, have you seen "The man who sued God"?
Title: RE: Nintendo sued over epileptic seizures
Post by: oohhboy on March 21, 2004, 03:44:03 AM
I am afriad not. I heard it is a good movie. Billy is always good with the humour. Although some of his more serious efforts are not too bad either.
Title: RE:Nintendo sued over epileptic seizures
Post by: Oldskool on March 22, 2004, 02:44:07 AM
In fact, lawsuits DO kill. I have heard stories of sued doctors, nurses, and other life-saving proffesionals having to move or quit because of lawsuits or fear of lawsuits. I bet some of these people, who used to think first at the operating table "how should I do this surgery?" now ask "how should I do this, without getting sued?"
I really want to sue some of these horrible people that sue, possibly ruining one or more mostly innocent persons life, or endangering lives, so that they can get a nice amount of cash for a ridicoulous reason. I understand sueing is appropriate in some situations, but nowadays in the US sueing is a form of long-term, non-violent looting and pillaging. If I ever get hold of some of these people force them to watch endless reruns of I Love Lucy. I AM MERCILESS!
Title: RE:Nintendo sued over epileptic seizures
Post by: ThePerm on March 22, 2004, 06:05:15 AM
i blame peoples court....if you remember urban comando....the line was "im not gonna fight you, im gonna sue you". Anyways our legal and medical programs here in america need serious reform. I mean there are laws where the punishment is more severe then the crime, there are still a ton of rascist laws that specifically target black americans, and of course as someone said medical care is rediculous.
Title: RE:Nintendo sued over epileptic seizures
Post by: ib2kool4u912 on March 23, 2004, 02:27:41 PM
Title: RE: Nintendo sued over epileptic seizures
Post by: ThePerm on March 23, 2004, 05:16:32 PM
damnit im suing you ib2kool4912!!!! Just kidding
Title: RE: Nintendo sued over epileptic seizures
Post by: Berny on March 23, 2004, 05:22:33 PM
I broke my leg because I looked at that. Dangerous stuff. Perm, if you want to change your mind bout that kidding thing, I have a good lawyer buddy who would LOVE to take our case. (/lies)
Title: RE:Nintendo sued over epileptic seizures
Post by: Myxtika1 Azn on March 24, 2004, 07:14:35 AM
I don't think that's funny. In fact, I think it's pretty damn dangerous as someone who's epileptic might click on that link. I suggest removing that link.
Title: RE: Nintendo sued over epileptic seizures
Post by: ib2kool4u912 on March 24, 2004, 09:33:49 AM
There Myxtika, i edited the link so it takes you to the page before the thing not straight to it.