Topic: Nintendo sued over epileptic seizures

[Ghost_of_a_Flea]

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.

[manunited4eva22]

My thoughts on the subject I'm wang foo.

[Zach]

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

[yellowfellow]

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.

[KDR_11k]

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...

[Oldskool]

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...

[Uglydot]

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.

[Draygaia]

Kinda like GTA3.  Out of all the video game violence out there and coming out GTA3 is what the talk is about.

[slacker]

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.

[oohhboy]

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...

[slacker]

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.

[oohhboy]

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.

[KDR_11k]

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"?

[oohhboy]

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.

[Oldskool]

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!

[ThePerm]

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.

[ib2kool4u912]

The people should have gone here to learn about epilepsy before sueing Nintendo.  

[ThePerm]

damnit im suing you ib2kool4912!!!! Just kidding

[Berny]

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)

[Myxtika1 Azn]

Quote
Originally posted by: ib2kool4u912
The people should have gone here to learn about epilepsy before sueing Nintendo.

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.

[ib2kool4u912]

There Myxtika, i edited the link so it takes you to the page before the thing not straight to it.