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Wiimote Straps Result in Class Action Suit

Zonk posted more than 7 years ago | from the sigh dept.

Nintendo 812

Kotaku reports the news that problems with breaking Wiimote straps has resulted in a class action lawsuit against Nintendo. From the press release about the suit: "Green Welling LLP filed a 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. The class action lawsuit arose as result of the defective nature of the Nintendo Wii. In particular, the Nintendo Wii game console includes a remote and a wrist strap for the remote. 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. Nintendo's failure to include a remote that is free from defects is in breach of Nintendo's own product warranty."

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If only stupidity were illegal (5, Insightful)

antifoidulus (807088) | more than 7 years ago | (#17301634)

then Nintendo would have a valid counterclaim.

Re:If only stupidity were illegal (5, Insightful)

Pulse_Instance (698417) | more than 7 years ago | (#17301810)

I don't think stupidity should be illegal, but we should stop protecting stupid people so much. Unless there is a legitimate concern here, I haven't used one so I don't know, then having to replace a TV you broke by being stupid should teach you to not be stupid anymore. The American society seems to encourage people to be stupid.

Re:If only stupidity were illegal (1)

silentounce (1004459) | more than 7 years ago | (#17301882)

The suit states that they break when used "as instructed by the material that accompanied the Wii console." That's not being stupid, that's following instructions. If you're not going to RTFA, at least RTFS.

Re:If only stupidity were illegal (4, Insightful)

Shadow Wrought (586631) | more than 7 years ago | (#17301962)

Or, in the alternative, you could maybe not let go! I have a Wii and have played it enereggetically and have never even come close to throwing it across. Now has my 13 year old stepson or my wife or any of the half-dozen other kids and adults who ahve come over and played it.

Don't let go.

Re:If only stupidity were illegal (1)

aesiamun (862627) | more than 7 years ago | (#17301994)

The instructions do not say "flail your arms around like a retard and make sure you don't have a tight grip on the piece of smooth plastic in your hands"...

Re:If only stupidity were illegal (5, Insightful)

kannibal_klown (531544) | more than 7 years ago | (#17302026)

As a Wii user, I'm sorry but that's BS. If you're using them as instructed the things should not be flying like canonballs. I remember watching a video of a guy holding the Wiimote like a baseball, doing a fullstrength pitch, and letting go of the Wiimote (hoping the strap would keep it on his wrist when he let go). Sorry, that is NOT proper usage.

I've had it since the week it came out and played a lot of Wii Sports during the first week. And even at my strongest throws and such I never let the thing go.

Re:If only stupidity were illegal (1)

Jim_Maryland (718224) | more than 7 years ago | (#17302144)

Not having the Wii yet myself, I can't say what is in the user manual but I'm guessing through "normal" usage the problem doesn't exist. The Wiimote straps certainly would have shown themselves to be defective in the early demonstrations for normal usage so likely excessive usage was corrected by people controlling the demonstrations.

From the Nintendo site (Wii Safety [nintendo.com] ):
Wii Remote Wrist Strap Replacement Information


Nintendo is offering to replace the original version of the wrist straps for the Wii Remote with a newer version. We have received some reports that when consumers swing the Wii Remote with the original version of the wrist-strap using excessive force and accidentally let go, the cord connecting the controller to the wrist strap can break, potentially causing the Wii Remote to strike bystanders or objects. Because Wii consoles shipped starting in early December already utilized the newer version of the strap, you will need to determine which version of the strap you have before ordering a replacement. To determine if you need the newer version of the strap, or to place an order for a replacement, click here.


Please note the line about "excessive force". I also recall hearing a Nintendo response to the early complaints about Wiimotes breaking TVs. Didn't they say that users were using excessive movement where a small movement would suffice? I'd equate this almost to using your fist to hit the "A" button when a light tap would suffice.

Re:If only stupidity were illegal (0, Flamebait)

silentounce (1004459) | more than 7 years ago | (#17302258)

Ok, I realize that this is a frivolous lawsuit but your quote is interesting. Note, "original version of the wrist-strap" followed by "newer version of the strap". If there was nothing wrong with the first strap then why did they correct it. The phrasing of that quote makes it seem like they were distributing the "new" strap before reports of the "old" strap breaking came in. If Nintendo knew that the original straps were defective, or not as strong and they shipped the product anyway. Well, that is negligence.

Re:If only stupidity were illegal (1)

jessecurry (820286) | more than 7 years ago | (#17301890)

I think the fact that Nintendo already issued a recall and has been actively replacing the straps is enough to make this suit go away... you'd think the lawyers involved would've done some research before filing this(is it's taken on contingency that is).

Strap Replacement site [nintendo.com]

Re:If only stupidity were illegal (1)

Chris Burke (6130) | more than 7 years ago | (#17302288)

Well, as I've said before I do think Nintendo should have made the straps stronger from the beginning in anticipation of people abusing the controller in unusual ways, but I have to say I find this lawsuit to be pretty meritless. FTFS:

"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."

Now I don't have a Wii, but based on what I've read on the internet, both the manual and the warning screens they display do not say "Let go of the remote and let the wrist strap keep the remote from flying", rather the opposite. If you use the remote as intended, then the wrist strap is irrelevent because it is secured by your hand.

Wait... (5, Interesting)

Aadain2001 (684036) | more than 7 years ago | (#17301656)

Didn't I read recently that Nintendo was issuing a massive recall/replacement program to replace the straps on all the Wiimotes? How can you sue a company who is completely willing to fix the problem is a very timely manor (1 month)? Or is this lawyer just a greedy bastard?

Re:Wait... (4, Insightful)

Jarjarthejedi (996957) | more than 7 years ago | (#17301792)

He's suing a company that's willing to help solve a problem that's not their fault (as the strap is NOT intended to stop the Wiimote if it's thrown but rather intended to keep you from dropping it). Nintendo has, frankly, done everything you could expect of a company in their position. People are using their devices improperly and then blaming Nintendo for damage. It's the same as if you have one of those shake-to-recharge flashlights and you let it go and it broke your T.V., could you blame the company who made those for anything? No, because it's your fault. Nintendo doesn't really need to do anything, the Wii works as advertised as does the Wiimote. It's not their fault that people are being idiots with the thing, and so their offering to replace straps with heavier-duty ones is generous of them.

And watch, I'm calling it, Nintendo will lose. Because in America, land of the free, home of the brave, you can get money out of McDonalds for spilling coffee on yourself. Some days I love being an American, and then there are days where a company gets sued for doing more than should rationally be expected of them.

Re:Wait... (4, Insightful)

Aadain2001 (684036) | more than 7 years ago | (#17301948)

Personally, I hate references to the old woman who spilled coffee on herself as a stupid lawsuit. If you actually look in deeper, you will find that the coffee was so hot, it scalded and caused horrible burns. I don't care how stupid she was, if you get coffee spilled on you you should only have to worry about having wet clothes, not burns that require hospitalization. So please, stop using that reference. She was injured because McDonalds kept their coffee at an unsafe temperature.

Tards of a feather thick together (5, Insightful)

Rotund Prickpull (818980) | more than 7 years ago | (#17302032)

She was injured because McDonalds kept their coffee at an unsafe temperature.
Presumably if it had been cooler it wouldn't have had sufficient energy to leap out of the pot and swoop in for the attack?

Re:Wait... (4, Insightful)

Nasarius (593729) | more than 7 years ago | (#17302092)

Third-degree burns, to be specific. It annoys me that this case, in which the woman sued McDonalds only for medical expenses after getting THIRD DEGREES BURNS from a CUP OF COFFEE, is somehow held up as the quintessential frivolous lawsuit. It's not. Stop mentioning it.

Re:Wait... (1)

LordKronos (470910) | more than 7 years ago | (#17302246)

And the temperature was only half the basis for the lawsuit. The other half was that they knew about the problem because several other people had suffered similar burns, yet they chose to maintain the unsafe temperature because it increased sales.

Re:Wait... (1, Informative)

Anonymous Coward | more than 7 years ago | (#17302116)

Because in America, land of the free, home of the brave, you can get money out of McDonalds for spilling coffee on yourself.

As frivilous as this one sounds, there really is more to that lawsuit than is often made out to be. Simply put, McDonald's served coffee at a known dangerous temperature, 180F, and had been warned on other occassions that's a medically dangerous temperature. They gambled this would never happen and lost.

http://en.wikipedia.org/wiki/Liebeck_v._McDonald's _Corp [wikipedia.org] .

During the case, Liebeck's attorney's discovered that McDonald's required franchises to serve coffee at 180-190 degrees Fahrenheit (82-88 degrees Celsius). At that temperature, the coffee would cause a third-degree burn in two to seven seconds. Stella Liebeck's attorney argued that coffee should never be served hotter than 140 degrees Fahrenheit (60 degrees Celsius), and that a number of other establishments served coffee at a substantially lower temperature than McDonald's. ...
[McDonald's quality control manager, Christopher] Appleton also conceded that McDonald's coffee would burn the mouth and throat if consumed when served.

Re:Wait... (0, Troll)

ravenshrike (808508) | more than 7 years ago | (#17302274)

Yeah, and every focus group they asked preferred it to be that hot. $10 bucks says that the woman had gotten McDonalds coffee before, which means she KNEW it was scalding hot. What sort of idiot puts a scalding hot beverage in between their legs in a flimsy cup and then tries to take the damned top off? Seriously, had she died it would have been worthy of a Darwin. You either put the damn thing in a cup holder or hold it over the ground.

Re:Wait... (4, Funny)

thebdj (768618) | more than 7 years ago | (#17301798)

Or is this lawyer just a greedy bastard?

Does a bear shit in the woods? Is the pope catholic? These are all questions with one pretty clear answer...

Not quite right (1)

Programmer_In_Traini (566499) | more than 7 years ago | (#17302228)

that kind of makes me laugh but since you're touching my line of work I feel compelled to at least specify that most lawyers do not act and/or sue people on their own good will or for their own profit for that matter.

A lawyer requires a client with a problem to act. A client comes, enquires about something bugging them and the lawyer offers advices on the course of action. Not always but sometimes it ends up in a suit against a company or a person. I should also point out that the lawyer does not decide of the settlement the client seeks, that's entirely up to the client, he may however give his own opinion on the amount the settlement should be. Believe it or not, most of the time, the lawyer advise for a lower settlement simply because most of the time the case isn't big enough to justify a big settlement (talking about $100,000+ here).

also, greedy lawyer is hardly right, the lawyer really gets a SMALL fraction of the settlement. In long and hard cases, sometimes the lawyer will agree with its client to take a percentage of the settlement rather than a fixed hourly rate (more common). When that happens, the lawyer may receive more IF 1) he wins the case and 2) the judge agrees on the settlement (he may revise it down himself).

You would be surprised how little money a lawyer gets compared to what his/her clients gets.

Re:Wait... (1)

Nos. (179609) | more than 7 years ago | (#17301904)

The lawyers are probably going to try and use this "replacement" as an admission of guilt on the part of Nintendo, even though there are obvious issues with their entire argument.

Per the article... (1)

xstonedogx (814876) | more than 7 years ago | (#17302000)

...the lawsuit was in place before Nintendo began the Wii remote replacement program:
What's been kept strangely hush-hush is the fact that a class action lawsuit has already been filed.


The suit apparently goes further:
The class action lawsuit seeks to enjoin Nintendo from continuing its unfair or deceptive business practices as it relates to the Nintendo Wii.
So it also sounds like they're claiming Nintendo was lying about the capabilities of the strap and want the manual/box/whatever changed.

That's not how it works. (1)

Programmer_In_Traini (566499) | more than 7 years ago | (#17302016)

You did read correctly, nintendo did a massive recall to replace the straps.

That being said, that doesn't mean anyone isn't allowed to sue them for the damage "suffered" because of the strap.

But because the class action suit is valid doesn't mean its got a winning case. It means someone, somewhere is willing to spend big bucks trying to get bigger bucks in the name of every people who punched a hole in their wall, or tv or window...etc.

Its a fact that everywhere where there's a fault, there will be someone to get compensation/money for it. Why class action and not sue in your own name ? because it multiplies the damage, thus, the compensation receivable from Nintendo.

I don't really agree with it but that doesn't mean its not valid.

The biggest debate in court will be to determine whether the original wii strap was really defective or if Wii users have been abusive in such a way that the Wii strap could not handle the stress.

Then they're gonna debate about what is "abusive use". What is the nature of the abuse ? too much conviction while playing ? Then what about those PS2 button masher games where we have to press faster (and ultimately harder) on the buttons ? Could Sony have predicted its users would be so hard on the remotes ? i know i bought at least 3 new remote controllers for my PS2 because they broke overtime.

the defendant will have to prove that its remote control was used in an abusive manner and they're gonna have to justify that if they think its abusive to begin with, why they agree to recall all the straps ?

and the guy who's suing will have to prove that the wiimote is defective to begin with.

making the wii-mote leave the persons hand? (0)

Anonymous Coward | more than 7 years ago | (#17301668)

I don't see how the wrist strap breaking has anything to do with making the wii-mote leave the persons hand. If the person threw it and the strap broke because of that then it is user fault.

Re:making the wii-mote leave the persons hand? (1)

spun (1352) | more than 7 years ago | (#17301896)

Dude, in LawyerLand the very fact that it HAS a strap is an admission that it may involuntarily fly out fo your hand through no fault of your own. If it had no strap, it would arguably be much more likely to leave your hand and cause injury or damage, but the company would probably be LESS liable.

Isn't law fun?

A defect? (1)

SpeZek (970136) | more than 7 years ago | (#17301678)

So according to this, these people are throwing their Wiimotes, letting them go, repeatedly, and then complaining that their purchase is experiencing wear and tear? That's like suing Mickey D's because their food makes you fat. Oh wait...

Re:A defect? (2, Interesting)

revlayle (964221) | more than 7 years ago | (#17301770)

I think people who were not really watching what they were doing broker their TV and want someone else to pay for it. While a handful of the owners may be completely deserving of some compensation, I bet a good portion of those in the class action are in it for the "i'm a tard and i want someone else to fix my dumbiness" - whether it's true or not, i have no idea.

Re:A defect? (0)

Anonymous Coward | more than 7 years ago | (#17302038)

1: Throw wiimote at crappy TV breaking it.
2: Let loose the lawyers.
3: ??
4: New HDTV!

Re:A defect? (1)

gEvil (beta) (945888) | more than 7 years ago | (#17302124)

I believe that should be:
3. $25 coupon good towards the purchase of:
4. New HDTV!

This Litigious Society (5, Insightful)

CerebusUS (21051) | more than 7 years ago | (#17301680)

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.

The owner's manual pretty clearly states not to let go of the thing.

I hope this lawsuit fails.

Re:This Litigious Society (5, Funny)

Anonymous Coward | more than 7 years ago | (#17301928)

"the wrist strap broke and caused the remote to leave the user's hand"

I would think that the remote leaving the user's had would cause the strap to break. Maybe thats the problem. The straps are propelling the wiimotes!

Re:This Litigious Society (1)

dolphinling (720774) | more than 7 years ago | (#17302128)

There can be only one logical reason for this: The straps are filled with explosives!

BOOM!

Re:This Litigious Society (1)

IgLou (732042) | more than 7 years ago | (#17302178)

No doubt, sounds like the strap is in fact mal-adjusted and possibly sociopathic. If had a breakdown and made someone leave someone elses hands then I'd at least be a very angry person.

Ok, maybe I humanize inanimate objects too much.

Serious note, it would be interesting to read how the claim is worded and what it claims. Until that comes there really is only speculation. If you buy something and it breaks early in it's usage and the company is willing to fix it you should be happy. There's probably way more to this, I'm curious if it will be baseless or not.

So people (americans) are stupid? (0)

Anonymous Coward | more than 7 years ago | (#17301686)

They should bring a lawsuit against themselves for tainting the gene pool.

Hey Rocky! (4, Funny)

AnswerIs42 (622520) | more than 7 years ago | (#17301690)

What Bullwinkle?
Watch me pull a lawsuit out of my a**!

This will most likely get swept under the rug and forgotten.

Wow... (2, Funny)

Kirin Fenrir (1001780) | more than 7 years ago | (#17301692)

You've got to be kidding me. Are the plantiffs wii'tarded or something?

Re:Wow... (0)

Anonymous Coward | more than 7 years ago | (#17301982)

possibly, but your joke sure is wii-ly bad...

This can only happen in America (0)

Anonymous Coward | more than 7 years ago | (#17301704)

Nintendo, why do you hate america?

Web Site of Lawyers (3, Interesting)

MyLongNickName (822545) | more than 7 years ago | (#17301708)

Want to share your thoughts on the validity of this suit? Click here [classcounsel.com]

Re:Web Site of Lawyers (1)

MyLongNickName (822545) | more than 7 years ago | (#17301822)

Or better yet: Sign up for the class action contact list [classcounsel.com] . Who can come up with the most creative name?

Re:Web Site of Lawyers (0)

Anonymous Coward | more than 7 years ago | (#17301974)

Better yet, call 1-800-843-9053 (State bar of California [ca.gov] ) and lodge a complaint.

Re:Web Site of Lawyers (1)

FormulaTroll (983794) | more than 7 years ago | (#17302070)

Good deal. I posted a complaint. What happens when a very large portion of the "class" doesn't want to participate in the lawsuit?

Ridiculous (4, Informative)

Grym (725290) | more than 7 years ago | (#17301712)

No where in the instructions does it say that you should ever let go of the remote. Honestly, if you can't hold onto the thing, maybe you should practice a little more self-restraint and control.

What's next? Does Nintendo have to include a helmet for the possibility that someone might hit themselves in the head?

-Grym

Re:Ridiculous (1)

Ambitwistor (1041236) | more than 7 years ago | (#17301938)

No where in the instructions does it say that you should ever let go of the remote. Honestly, if you can't hold onto the thing, maybe you should practice a little more self-restraint and control.
True, but the fact that Nintendo saw fit to include a wrist strap in the first place could be legally construed as a tacit acknowledgment on Nintendo's part that the remote can slip from one's grasp during reasonable use. If their lawyers try the "Duh, if you can't hold onto it you shouldn't be using it" defense, the prosecution will respond with "So what's the wrist strap for, then?"

My CAMERA has a strap (5, Insightful)

Ahnteis (746045) | more than 7 years ago | (#17302214)

It's to keep me from DROPPING it, not to stop me from THROWING it.

Re:Ridiculous (1)

HTH NE1 (675604) | more than 7 years ago | (#17302060)

No where in the instructions does it say that you should ever let go of the remote.
Then clearly the remote should have come with a tube of super-glue.

Ok so let me sum up (4, Insightful)

Rosco P. Coltrane (209368) | more than 7 years ago | (#17301720)

A bunch of hyperactive excited morons with too much muscle break their TV, punch their friends in the face or cut themselves with the Wii remote, and they sue Nintendo, because naturally, Nintendo should be blamed for not making hardware solid enough for hyperactive excited morons?

I'm sorry, but I'm tried a friend's Wii and there's no way I would have dropped or launched the remote across the window, simply because I realize it's only an electronic game, and it doesn't cross my mind to treat a delicate piece of electronic like a jokari paddle. Talk about a lawyer-happy nation... Either that or they're trying to make a cheap buck off of Nintendo's back. Either way, I hope the morons lose.

Re:Ok so let me sum up (1)

silentounce (1004459) | more than 7 years ago | (#17301940)

"A bunch of hyperactive excited morons with too much muscle break their TV, punch their friends in the face or cut themselves with the Wii remote, and they sue Nintendo, because naturally, Nintendo should be blamed for not making hardware solid enough for hyperactive excited morons?"

IANAL, but can't lawyers start a class action suit on behalf of people without even being asked to so by said people? It's not the Wii users, it's the lawyers.

Re:Ok so let me sum up (1)

bockelboy (824282) | more than 7 years ago | (#17301978)

I've tried a friend's Wii and there's no way I would have dropped or launched the remote across the window

You forgot a step: Drink 10 beers, *then* start playing the Wii. See if you can break something then.

Most (but not all, of course) of the incidents involving breaking stuff also involve plenty of alcohol

Re:Ok so let me sum up (1)

Rosco P. Coltrane (209368) | more than 7 years ago | (#17302094)

You forgot a step: Drink 10 beers, *then* start playing the Wii. See if you can break something then. Most (but not all, of course) of the incidents involving breaking stuff also involve plenty of alcohol

Yes, but then you can break your TV with a SNES gamepad as well, and I don't recall Nintendo ever being sued over that. Why would the Wii gamepad being wireless absolve people from taking responsability for their own stupidity?

Re:Ok so let me sum up (-1, Flamebait)

Anonymous Coward | more than 7 years ago | (#17302010)

I'm sorry, but I'm tried a friend's Wii and there's no way I would have dro...

Didn't you get the memo? Using the phrase "I'm sorry" in the way you did was officially certified as 'Gay' a couple of weeks ago. It's usage now is gay code for "I want to be sodomized by you, and maybe your father too" which I don't think you intended.

HTH.

Re:Ok so let me sum up (1)

rkanodia (211354) | more than 7 years ago | (#17302146)

Interestingly enough, it's not the Wiimotes that are delicate. If you'll notice, all of the various OMG IT IS TEH BROKE complaints involve things like $3000 plasma screens. The remotes themselves are fine.

Welcome To America (1, Insightful)

HadesX (181501) | more than 7 years ago | (#17301728)

Sigh, who didn't see this coming, knew it would only be a matter of time.

ONLY IN AMERICA

Re:Welcome To America (1)

RexRhino (769423) | more than 7 years ago | (#17302296)

ONLY IN AMERICA

Unfortunatly, it is happening everywhere in the Western world... It is just that the U.S. is at the bleeding edge of tort law stupidity. But insane law suits like this are becoming common everywhere that is wealthy enough to support an entire class of people who survive by suing other people.

What do Nintendo have to do? (1)

xwizbt (513040) | more than 7 years ago | (#17301736)

But haven't Nintendo already offered to replace the straps in question? What case is there to answer? Claims for damages should surely be dealt with via Nintendo rather than unnecessary court action?

Oh, wait - that's silly. D'uh... more lawsuits, please!

Re:What do Nintendo have to do? (1)

j00r0m4nc3r (959816) | more than 7 years ago | (#17302100)

That would make perfect sense in LogicLand. But this is America and if people dealt directly with Nintendo then the lawyers wouldn't make a dime. Won't somebody please think of the poor starving lawyers?

Re:What do Nintendo have to do? (1)

Bastard of Subhumani (827601) | more than 7 years ago | (#17302268)

Won't somebody please think of the poor starving lawyers?
Now that's a happy thought to cheer me up on my journey home from work!

Media Insanity (1)

gregtron (1009171) | more than 7 years ago | (#17301740)

I love it when the media's snowballing of an asinine non-point turns into greedy idiots. Everyone involved in the suit should be made to give their Wiis up.

Ummm...No (0)

Anonymous Coward | more than 7 years ago | (#17301746)

the wrist strap broke and caused the remote to leave the user's hand

I believe that would be the other way around. Nintendo can't control users throwing the wiimote with enough force to break a strap designed to keep you from inadvertently dropping the thing.

Re:Ummm...No (1, Insightful)

$RANDOMLUSER (804576) | more than 7 years ago | (#17301898)

> Nintendo can't control users throwing the wiimote with enough force to break a strap designed to keep you from inadvertently dropping the thing.

Nintendo produces games like bowling and baseball where people are making throwing motions with the (motion sensing) remote. Are they really amazed that it could slip from a person's hand and go flying?

Re:Ummm...No (1)

Jarjarthejedi (996957) | more than 7 years ago | (#17302120)

"Are they really amazed that it could slip from a person's hand and go flying?"

Have you ever fake-thrown something? Like, make it look like you're going to throw something at someone but stop at the last second? I think pretty much every kid has done that at least once, it's the same situation.

Frankly if you don't have the capability to hold onto something while pretending to throw it you really shouldn't be buying the Wii, it's not like it's a particularly hard skill to develop or anything.

And how hard is it to hold onto a remote anyways? If the Wiimote was small or excessively large I could understand how people could have a bad grip, but most everyone can grip a remote and have little chance of dropping it. The problem is people who think the strap is going to stop the wiimote, if the strap wasn't there there'd probably be less incidents because people would be more careful.

That's the problem in this modern age, if you make something to increase safety people take it to be something that will make them safe no matter what they do and then act like morons.

Re:Ummm...No (2, Informative)

ivan256 (17499) | more than 7 years ago | (#17302134)

Are they really amazed that it could slip from a person's hand and go flying?

I'd be amazed.

More likely it didn't slip, but people let go. It's just not slippery, even when your hands are all sweaty.

I don't see how anybody can argue that it is Nintendo's fault that somebody let go of their controller. It is completely unreasonable that we should be able to require companies to produce products that are unable to do damage to any other object if you aren't careful with them. We'd have to make everything out of foam-rubber.

In Other News (0)

Anonymous Coward | more than 7 years ago | (#17301758)

A class action lawsuit has been filed against Kitchenaid for making kitchen knives that are sharp. Users of knives have been known to CUT themselves on these sharp edges, therefore proving that the product is flawed.

Come the freak on. Its a controller, not a projectile. How on earth are you supposed to control the game by letting go of the entire wiimote? I'm pretty sure it doesn't say anything in Nintendo's documentation about purposely flinging the remote and letting the strap retain it.

If I were nintendo, I would make the new cords out of 1" chain and say: Here you go, retards.

In other news... (0)

Anonymous Coward | more than 7 years ago | (#17301762)

Lawyers, People Found to be Stupid

kind of lame (0)

Anonymous Coward | more than 7 years ago | (#17301764)

since they already have acknowledged this and have a solution for customers..

Sony defective DVD drives (1)

DrWho520 (655973) | more than 7 years ago | (#17301766)

Why was there never a class action suit brought against Sony for defective DVD drives in there PS2 consoles? Stories abound about generation one drives wearing out because they were not spec'ed for the continuous spin required for DVD movie playback. That being said, Nintendo has acknowledged a defect and issued a Wii-mote wrist strap recall.

Re:Sony defective DVD drives (2, Insightful)

ivan256 (17499) | more than 7 years ago | (#17302002)

Presumably because nothing was damaged other than the unit itself.

You're comparing apples and oranges.

Totally Bogus Claim (5, Insightful)

CokeBear (16811) | more than 7 years ago | (#17301776)

the wrist strap broke and caused the remote to leave the user's hand

Impossible. The wrist strap breaking does not cause the remote to leave your hand. Its the other way around - only if you repeatedly let go of the remote with considerable force does the wrist strap break, and even then if you just hold onto the remote you don't have a problem.

As an aside, I wouldn't be surprised to find xBox or PS3 fanboys at the root of this...

STUPID (1)

geekmansworld (950281) | more than 7 years ago | (#17301778)

Stupid, stupid, sweaty nerds! Too bad there isn't something in the EULA about not supporting "defective users".

When will people learn that electronics are delicate? You don't throw them. If you THROW them, they BREAK. Isn't that, like, implicit? I have a Wii, and I can't imagine how someone could break that strap without winging the thing with all their might. If you BROKE your TOY, buy yourself a new one. Don't blame a perfectly reputable company for your own idiocy.

STUUUUUPIIIIIIID!!!!!!

Just for one minute.. (1)

mcnut (712202) | more than 7 years ago | (#17301786)

Just for one minute I'd like to think that people weren't completely and totally ignorant. This is user error at its finest, as the controller works properly and in no way causes "the remote to leave the user's hand" Letting go causes the remote to leave your hand, end of story. This is like someone suing a bridge designer because they were able to plow through the side wall and their car ended up in the river.

Seriousely (0)

Anonymous Coward | more than 7 years ago | (#17301790)

Are they serious? I'm all for getting a company to fix their mistakes, but this is rediculous. I've seen the videos online and of the remotes slipping from their hand, their playing way to hard. The warning screens tell you to make sure you have the strap on and if i'm not mistaken tells you how to play the game. I've never even come close to letting the remote slip once. I do hope that Nintendo does win this one.

oh my.. (2, Insightful)

dolson (634094) | more than 7 years ago | (#17301800)

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.

Umm, the wrist strap does not break UNLESS the remote has already left the user's hand...

Nintendo should counter-sue the parents because they raised defective children.

Oh really? (1)

EVil Lawyer (947367) | more than 7 years ago | (#17301802)

... the wrist strap broke and caused the remote to leave the user's hand.

Bullshit. The WRIST STRAP did not cause the remote to leave the user's hand. And the "wrist strap breaking" did not cause the remote to leave the user's hand, either. The breaking of the wrist strap may have been one "but for" cause of the remote leaving the user's hand, but something being a "but for" cause is not enough to establish liability.

Um but (1)

aesiamun (862627) | more than 7 years ago | (#17301812)

"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."

So they are saying the breaking of the wrist strap caused the remote to leave their hands? This should invalidate this claim right now seeing the strap wouldn't break until they throw the remote at very high velocities...

Stop supporting lawyers who do this shit. (4, Insightful)

kinglink (195330) | more than 7 years ago | (#17301818)

If anyone tries to work with idiotic lawyers like this (no matter for money or for hatred of Nintendo) I'll lose all respect for them. Not that I have much for them in the first place for releasing the controller but that's another story.

Hell the class action suit makes no sense. "As instructed by the material that accompanied the Wii console" funny the book that says numerous times to use the controller but put on the wrist strap? Or did I miss a page where it says "release the controller, it's fun". Nope guess not. Especially the part of the strap breaking is causing the controller to fly out of your hands. That's pure BS, tasty too.

Hell Nintendo is replacing the straps for free, not even calling for a mandatory recall, but the court case doesn't even meantion the tvs that are damaged. Personally that's what I'd care about, not the remote that probably still works, but the 3 inch hole in the wall from the impact of the remote.

Why is it when ever there's some news story about a defect (or retards in this case). There's always a second group of retards (normally called lawyers) who tries to get "rich" off of it? Simple solution. Stop supporting frivilious lawsuits. It'd be one thing if Nintendo told you to release the controller, or Nintendo did something neglegent, but there's no sign of that.

And once again... (1)

Shados (741919) | more than 7 years ago | (#17301826)

Idiots cannot accept that they are idiots, and thus claim they are perfectly normal, and blame their idiocy on others. What a sad world are we in...

According to the material? (0)

Anonymous Coward | more than 7 years ago | (#17301832)

"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."

I haven't read it all the way through, but I'm pretty sure that "Don't worry, if you let go of the remote while playing, the wrist strap will save you from all risk of injury or property damage!" isn't in the manual.

Disgusting (4, Interesting)

Deluxe_247 (743837) | more than 7 years ago | (#17301834)

Wow, I feel like someone just puked their hands and rubbed it all over my body. This is absolutly rediculous.

Nintendo adds a wrist strap as a safety feature, so stupid people who have 'grip' problems (small peens perhaps?) don't throw the Wiimote around. A group of morons (ok ok, maybe they were drunk and ... how did NPR put it?... overzealous?) break a few TVs, and now all of a sudden Nintendo is libel for a defective console?

Yea, great. Im sure this is REALLY going to make Nintendo warm to us Americans. You wonder why they don't port a lot of games over to the US, and you wonder why in some games prior to the port they 'dumb it down' thinking its 'too hard for westerners.' (I wish I could find the article that I got this information from.. I thought it was BS at the time, but now Im thinking it might have been credible.)

Nintendo comes out of left field with a great console, thats tons of fun for all ages... And some douchebags who are looking to make a quick buck want to file a lawsuit against them for breaking a WRIST STRAP which didnt' even need to be added in the first place?

wiihaveaproblem.com - 29 broken straps out of... 1million+ consoles (probably near double that in controllers)
wiidamage.com - 3 broken straps reported

I love the US, but sometimes I just have a hard time being 'proud to be an American.'

(I reserve the right to not check my spelling or grammar. Deal with it!)

it's funny. . . (4, Insightful)

AcidLacedPenguiN (835552) | more than 7 years ago | (#17301838)

. . . that the Nintendo Wii seems to be overly protective of my well being. Every time you go to use the damn thing it'll warn you about seizures, ask you to wear the wrist strap and fasten it securely to your wrist, hell, it even tells you to take a break and go outside after every couple of Wii Sports matches you do. I honestly don't know of any where in the instructions or warranties that asks you politely to "Throw the remote at about 60mph directly at your television, making sure to let go of the remote at the end of your swing."

If only the photosensitive seizure warnings were accompanied with a "warning: don't be an overly retarded douchebag who doesn't actually read any of the instructions, then blame your retardedness and douchebaggery on those aforementioned instructions." Why, Nintendo? Why?

What do they want? (1)

silentounce (1004459) | more than 7 years ago | (#17301840)

Is it just me, or does it seem that all the lawsuit is asking for is them to stop making bad ones and replace the broken ones with good ones?

"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."

It doesn't appear that they are suing for damages. But they have to be, right? There's no mention of a Wii strap breaking and a family pet being impaled. How much money could they get anyway? There's only about five people with Wiis, right? Wiis, is that the proper pluralization?

fools (1)

wframe9109 (899486) | more than 7 years ago | (#17301860)

"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. Nintendo's failure to include a remote that is free from defects is in breach of Nintendo's own product warranty." So I'm assuming they have yet to read the manual for the system or the games. Or the on-screen instructions explicitly given before each game. I hope they fail, and somehow die of AIDS and Ebola in a fire.

Ya know what would be really funny. . . (1)

smooth wombat (796938) | more than 7 years ago | (#17301868)

if Nintendo had the balls to say, "Ok, file the lawsuit. We are hereby recalling all Wii systems and related products, including all games. Owners of systems must return all products to your nearest store by [insert date] after which anyone in possession of Wii products will be considered to have stolen the product."

*Sigh* Yes, I know that's not going to happen but just once I'd love to see a company which is financially secure take such action whenever lawsuits like this are filed.

Stupid (1)

SavedLinuXgeeK (769306) | more than 7 years ago | (#17301870)

All I can say is that this is stupid. Nintendo is doing their job, and people are taking things to the extreme. If I were to run my car at 120mph (because it says I can on my speedometer), I should not expect standard behavior of my vehicle. My Corolla isn't made to go that fast, even if things seem to point to otherwise.

omg, wtf, wii... (0)

Anonymous Coward | more than 7 years ago | (#17301874)

Seriously... What happened to personal responsibility? The only mistake that Nintendo has made here is to underestimate the stupidity of people, and the greed of lawyers. They should offer to replace the wrist strap with a roll of masking tape so that these people can tape their hands shut around the remote and flail away happily...

In other news.. (0, Offtopic)

Cristofori42 (1001206) | more than 7 years ago | (#17301880)

.. Weird Al sues [google.com] Colorado for looking too much like Wyoming.

It's a Rii-Rii Parade! (1)

ontheheap (824062) | more than 7 years ago | (#17301884)

These people must be swinging the Wiimote around like they're crazy. I've had my Wii since launch and I really don't understand why people are having problems with the strap... I haven't had a single mishap yet. WTF.

I know whose kids these people are! (1)

CompSci101 (706779) | more than 7 years ago | (#17301912)

Remember the stories of the tech support call complaining that the user couldn't fit any more floppies in the drive? Because the onscreen instructions only said to insert disks, and not remove previously inserted ones first?

That asshole must have had a lot of kids. Typical.

Why couldn't Einstein have bred like a rabbit? The world would have been a better place.

C

Re:I know whose kids these people are! (1)

silentounce (1004459) | more than 7 years ago | (#17302050)

"Why couldn't Einstein have bred like a rabbit? The world would have been a better place."

I'd be careful with that one. He married his cousin, you know.

It just isn't fair! (1)

ALeavitt (636946) | more than 7 years ago | (#17301916)

Nintendo has done everything in its power to fix the problem. As soon as they learned that there was a problem, they released new instructions and warnings. Then they improved the wrist strap, thickening the weak point. They've even gone so far as to send free replacement straps to every Wii owner - all you have to do is request them through Nintendo's website and they're on the way. But no, people want to sue, they want some of Nintendo's money because they screwed up and couldn't hold onto the controller. Last I checked, golf clubs, tennis rackets, and baseball bats don't have wrist straps, but people don't go suing when somebody lets go of one of those and it goes flying. The fact of the matter is that some users are themselves being negligent and using the system improperly. Users are meant to grip the remote; letting go is not part of the system's design, despite what the wrist strap may have you think. If someone is unable to hang onto the remote in normal play, he should probably also be wearing a helmet while playing too. It disgusts me that some people think that Nintendo should pay for their idiocy.

What does this mean? (0)

Anonymous Coward | more than 7 years ago | (#17301918)

"Nintendo's failure to include a remote that is free from defects is in breach of Nintendo's own product warranty"

How is Nintendo breaching their warranty? A warranty doesn't say that the product is perfect, just that it will be fixed/replaced if it is defective. And Nintendo is offering to replace the straps with heavier ones for people who don't know how to use the remotes properly. Seems like they're more than fulfilling their responsibilities under the warranty.

How about Nintendo's copyright? (0)

Anonymous Coward | more than 7 years ago | (#17301932)

It appears they even managed to use the picture from Nintendo's replacement program http://www.nintendo.com/consumer/straps.jsp [nintendo.com] on their http://www.classcounsel.com/ [classcounsel.com] . Are they arguing Nintendo's replacement isn't enough?

Oh Jesus Christ (1, Redundant)

teflaime (738532) | more than 7 years ago | (#17301942)

Nintendo is already offering to replace the broken controllers. Fucking stupid people shouldn't be allow to have fun.

ARGH! (1)

XenoPhage (242134) | more than 7 years ago | (#17301956)

HEY DUMBASS! DONT LET GO OF THE FUCKING CONTROLLER!

Seriously.. Are people THAT stupid?

Unfortunately, the fact that Nintendo started the strap replacement program will hurt rather than help them I think. Admission of guilt, blah blah ..

But let's get real. If you're stupid enough to let go of the damn thing, then you deserve to have your stuff broke. It's not a REAL football/bowling ball/racket/etc.. You *REALLY* don't need to swing it that hard..

I'd love to see a study on the amount of force required to break the strap. Seriously.

OPT OUT??? (1)

Ark42 (522144) | more than 7 years ago | (#17302006)

Where can I opt out of this suit? Please provide some web form or 1-800 # to call the lawyer involved here. I own a Wii and have to say that only a complete idiot could break these things under normal usage. This suite is completely without merit and I don't want to be included in such garbage.

Not letting go (1)

Cauchy (61097) | more than 7 years ago | (#17302030)

In all fairness to the people involved, these are not cases of people letting go of the device. Apparently, the incidents arose because the activity caused the users to perspire. The remotes left people's hands because they slipped out due to sweat and the strap breaking.

A lawsuit is stupid and ridiculous, and Nintendo is doing the right thing. However, one wonders if Nintendo bothered to test these under realistic operating conditions? Nintendo is not entirely fault free here. People are using the Wii in a reasonable manner, and this is happening. It is not entirely operator error.

Oh... (1)

vga_init (589198) | more than 7 years ago | (#17302062)

How can you sue a company for what is an obvious misuse of their product? You're not supposed to THROW the controller! That's like sueing baseball bat manufacturers because you can let go of the bat while swinging and hit something/someone with it.

Perhaps Nintendo was better off not including any wrist strap. They might base the lawsuit on the claim that the strap provided an illusion of safety but failed. Seems like a silly thing to sue over, though...

Um... (1)

MBCook (132727) | more than 7 years ago | (#17302086)

the Wii console, the wrist strap broke and caused the remote to leave the user's hand.

OK. The strap physically moved the remote out of people's grasp? That's one powerful strap.

I wonder why the strap on MY Wiimote didn't do that. Maybe it was defective?

The strap was intended to prevent the Wiimote from going flying if you accidentally lost your grip so it would slip at most a few inches and not go flying. It's also there so if you lose your grip it stays where you can get it instead of falling to the floor and possibly damaging the remote in the process (playing on concrete maybe?).

It was NOT designed to let you THROW the Wiimote and rely on the strap to keep the thing on your wrist. Every video I've seen online where a strap breaks, someone is being an incredible idiot.

Besides which, Nintendo fix it in new Wiimotes and offered to send you a replacement strap for free.

I still think we need class-action reform in this country. Some cases are good. Some are debatable. Some are stupid.

And some are like this one: Some lawyer probably made it up and went fishing for "victims" who were "harmed" by their innabilty to follow directions, including those IN THE MANUAL, IN GAME MANUALS, and EVER TIME YOU START A GAME.

Meanwhile... (1)

Cosmo-san (900715) | more than 7 years ago | (#17302240)

In other news, Nintendo has filed several lawsuits against Inertia, Momentum, and Acceleration. When asked, the only response Nintendo gave was "DURHUR".
Word is that the three basic principles will settle out of court using their E-Z Hand Crisco stock dividends, which have skyrocketed since the Wii's release.

In all seriousness, I realize that it is fun to wave a Wiimote around. But when it flies out of your hands, do not blame others for what is your mistake. If a baseball bat flies out of my hands when I swing, I don't sue the manufactuer, I take responsiblity.
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