Nintendo has been hit with yet another Wii-related lawsuit. This time, it’s a $5m (£3.3m/€3.7m) action filed by a US mother who claims that the console’s Remote strap design is faulty and dangerous.
Wii_strap_designs Nintendo's second Remote strap design (left) and third attempt (right)
According to documents filed with the …
Where does the $5m claim come from? Surely the very best she should hope for would be the cost of repair or replacement of her TV, and then only if she could prove that it wasn't caused by her or her son's own stupidity.
And i am a complete retard who throws my controller at my plasma. I also think its a good idea to let go of it so hard that it breaks the telly. I think i will sue sony because i am a bit of a biff. Who's with me? (by joining me you agree to be viewed as a similar retard).
... that i trust my hand more than that little strap. Who tries to throw the Wiimote around anyway. If the little boy can´t hold the remote then i wouldn´t give it to him. It´s like giving a 2 year old your Iphone and then file a lawsuit against apple cuz the Touchscreen isn´t childproof (If the display has Blue/black stains over it afterwards).
But anyway, i´d like to have a few millions for things that are my fault too, wouldn´t that be great?
At best this is a case for small claims court. You have a 52 in Samsung valued at less than $2000 dollars and you are suing for $5,000,000. I think someone is looking for a payday.
At the end of the day it is lawsuits like this that gum up the legal system. If anything I believe this woman should be fined and jailed for even wasting the legal systems time with this crap.
It is high time that the the courts be used for more useful things... Um let's saw actually enforcing the law rather than being the pathway for some white trash mothers financial windfall.
I guess she did not take advantage of Nintendo's gel cover for the Wii controller. I guess her young son is a pretty strong kid to break a tv with a 3 ounce piece of plastic that should have been wrapped in soft silicon.
I don't understand this problems. My family has had the Wii since it first came out and we have never had a problem of a remote go flying.
Why do people let go of the remote in the first place? I don't even use the wrist strap as I can count on not letting go of the remote to keep it in place.
And there I was thinking you were meant to hold on to the Remote. Surely you are doing it wrong if you a flinging your arms around so hard you let go of the remote and it manages to break a TV...
Paris manages to hold on even in the most energetic situations...
I always go commando on the Wii as the wrist strap is annoying. You've got to be some sort of uber fucktard to swing with enough force to not only hurl the remote 6foot or more but to make it that distance and it still have enough energy left to cause damage...Maybe that woman shouldnt have smoked when she was pregnant, then she wouldn't have had retarded children.
If you're too stupid to be swinging the Wii remote around like a mad [wo]man, you deserve for your TVs to be broken. I have a Wii, and don't even use the stupid strap, because once you realize that the motion sensor works better with smaller movements than large movements, you're no more likely to have it flying toward the screen than with any other control input.
So, let me get this straight. This woman is suing Nintendo because her son doesn't have the wits to not let the wii remote go?
If he's that negligent, I'd be willing to bet he wasn't even wearing the strap! (Have fun proving that!)
And while 52" TVs are expensive, isn't $5m just a tad overkill?
This is stupid. Might as well claim that Samsung didn't make the TV strong enough, or that the Wii remote should be made of felt.
Please let this grasping woman lose and have to pay court fees.
I'm now just waiting for someone to do something really stupid and then try to sue some religious organisation since whatever god they believe in obviously made them that stupid.
If you're holding onto the remote it CAN'T go through your tv in the first place. The strap is there as backup to ensure if you release the remote it doesn't fly off. If put on properly the force needed to break them is huge. Her tv got broken, she should claim it on accidental damage insurance rather that filing a law suit.
Or is she suing for something that hasn't happened, but possibly might happen at some point in the future?
No TV is worth $5M, and if she's that worried perhaps she shouldn't use the Wii? It's not something she NEEDS... it's a games console, not a kidney dialysis machine fer chrissakes!!!
Seriously, how can she be taken seriously? Why not sue shoe manufacturers too? I'm sure if you flung your shoe at full force at the telly repeatedly while holding onto only the lace, the lace would eventually break.
Does that mean the shoe manufacturer broke your telly?
And 5 million dollars?? For a broken telly?? Seriously. When can we build that wall to stop them getting out?
if the plastic loop has a nick in it (from being folded or having something heavy sat on it or something) the stress concentrations could go through the roof and cause it to snap.
Of course, it's then that user-damaged equipment that's causing the damage so Nintendo's probably not liable.
Don't get me wrong - smashing up a new TV would irritate me but IIRc the wii's accelerometer only registers up to 3g - which wouldn't scratch the TV with such a lightweight controller - she should teach her son to use some restraint instead.
And just why are people relying upon the strap? I would suspect that a person would HOLD the remote firmly. From my own experience and observation, if you are putting out so much force as to project the thing away from you, then you probably have special needs.
Even if I didn't use the strap I wouldn't put the controller through my television, because I don't throw it around. The Wii strap isn't defective, the gamer is.
The strap really doesn't come into play if you remember DO NOT LET GO OF THE FECKIN THING.
Anyone dumb enough to swing the remote around on just the strap alone is asking for trouble, as they used to say when I was a kid "you'll put someone's eye out with that".
Okay, I can imagine being pissed off that my 52" TV got killed by a Wiimote. But why does that give her the right to sue for £3 million? I can see getting a new TV, something on top for time wasted and legal costs. But surely that's only a few thousand pounds??
Or does it mean if she wins the case she buys everyone else with a broken TV a new one?
"so one of the girls in particular really was having a good time, and really got into this game, and she was going for the full arcing motionslike you see in those commercials
… and before you knew it this Remote,with strap on, and I made sure that bad boy was strapped to her wrist, because Nintendo’s warned me so many times. It actually flew out of her hand anyway, broke, out of her hand, the strap actually ripped, it went like this, flying at mach speed I think, BAM!, hit our wall, put an indent in our wall."
Hmm, yeah. "Mach speed" !
That was just an example this woman has dug up from a web site to boost her case (can't see text like the above standing up in a UK court, but hey, this is America we're talking about), but her own case smacks of someone's telly got bust "somehow" (was she in the room when her kid did the damage and blamed it on the Wii?), and spots an opportunity through the "Sue Everyone" Legal System of America. Probably because their insurance company wasn't going to pay up.
I own a WII and first thing is if you are going to swing something around then make sure you grip it. Second who is her son, the worlds strongest man to bust the strap and cause the wiimote to fly into a TV and bust it.
Ahh just another 'concerned' parent jumping on the bandwagon. I'd be surprised if the wrist strap did actually break, and in any case, she should have made she she had one of the FREE silcon covers that Nintendo were giving away to Wii owners (and which are included with every Wiimote now anyway).
I've had friends over playing with my Wii (2nd generation wrist strap without the silicon cover) and I've not had a wrist strap break at all no matter how hard I fling the thing about. The only way I'm likely to do any damage is either if I stand too close to the TV and hit the screen (but if I'm that close the Wiimote doesn't work as it can't pick up the sensor bar) or if someone else is standing close - I haven't hit anyone yet although I have been hit by my daughter playing Wii Sports.
Maybe Nintendo should supply a cat with every Wiimote and have a notice on there - if you can't swing the cat in 360 degrees successfully without actually hitting something, then don't use a Wiimote. :-)
Don't buy or use a wii. If you've bought one then take it back.
The consumers are not the 'victims' here. They choose to use the wii, so fuck them.
I'd like to see companies in America start sueing consumers for 'being defective'.
Oh my straps broke because I'm violently swinging the remote at the TV.... hmmm... it's not my fault. I'm a victim. I could make some $$ here and buy some more hamburgers to fuel my McDonalds-created fat-arse... (nothing to do with me eating all this food. McDonalds made me fat. I'm the victim... I should sue them...).
Wow, americans will sue for just about anything these days. If you choose to buy games that cause you to swing the wiimote then you risk slipping it one time or another. and if you are swing that thing so hard that it would cause the strap to break, then maybe you should rethink your gaming habits. You don't see baseball players suing bat companies for bats that go flying out of there hands when they swing, why should this be any different.
Nintendo should just put out an at your own risk terms of use and have people accept it on there machine to play it. if they choose not to the wii should restrict certain games until it's accepted. also they need something stating that no liability will be held against them if such an accident occurs. Come on people, stop buying shit if you think it's faulty. Give the gaming companies a break.
So let me get this straight - the woman is suing Nintendo for $5 MILLION because her big TV (which probably cost $4000 tops) was broken? I can understand suing for the cost of the TV, and maybe a bit more to cover lawyer fees and such, or a lawsuit of that size if her kid had suffered severe injuries as a result of a flying Wii controller, but what she's doing is an attempt to use the legal system as a high-priced lottery with good odds...
It's a tiny little piece of fabric/plastic. You'd have to be a fool to expect it to hold up to a lot of abuse. Nintendo never guaranteed that you could repeatedly to try throw the thing and expect it to hold. You're supposed to HOLD ON to the controller, and the strap is there in case you happen to drop it. My remote straps look like they're new. If they're worn... you're doing something wrong. And it's especially clear that you're an idiot if you manage to break it playing the bowling game. Bowling requires no fast-twitch motion. You'd have to deliberately drop the remote.
I think it would be safer not to include a strap at all - or perhaps they should include a metal wiihandcuff for wankers who can't remember that they're not really throwing a bowling ball.
Basic physics refutes her argument. Simply apply weight to a wii wrist strap until it breaks in order to calculate tensile strength. You'll find that they're quite hard to break. You'd certainly need to use far more force than any game would realistically require you exert, given how crappy the sensors in the remote are.
Is it really so hard to work out how to *not* fling a "wii-mote" through your tv?
Obviously it must be Nintendo's fault that your uncoordinated kid flails his arms about like a mentally deficient orangutan and can't hold on to the controller.
I've played on the Wii plenty of times, and never used the strap, but I have used the big condom Nintendo gave out.
Give Nintendo a break. Why doesn't she sue the manufacturer of every single item in her house that isn't bolted down, since it's a possible projectile. If you're throwing the damn wiimote so hard and have such a loose grip on it you toss it with force to break your TV, you're an idiot and Nintendo should hold no responsibility. Oh, and DANGEROUS? There's no way in hell the strap is dangerous.
The court should set up a 52" tv and wii console inside the court room and let the kid play the game as he would at home to prove that it was either a "defective" strap or the kid being violently stupid.
Or it could have been the mother throwing something at the kid to shut him up, missed and hit the tv.
I see a lot of comments that $5m is expensive for a telly. Let me explain:
It's a class action.
In USA, lawyers often work on a percentage - e.g. 33% of the damages awarded. For a (say) $2000 TV, her lawyer might get $700 - not really worth his while for such a longshot case. (The Mom would get $1300, and I think she might have to pay court costs and maybe expert witness costs too, so she might get less or nothing).
But if you make it a class action then you're suing on behalf of everyone who's thrown their Wii remote through their telly, so if you think there are about 2500 similar people then you can sue for $5m. This gives the lawyers $1.7m, and as "lead plaintiff" the Mom might get a cut in the $x0,000 range. Everyone else who's bust their TV due to throwing their Wii remote through it might get $1300 or so (or maybe just a new wriststrap and a free download of a Wii game "worth $49" - no-one really cares about them). It's still a longshot, but if it works at least it's a lucrative longshot. And since the risk to Nintendo is much higher, there's a much better chance that Nintendo will settle and pay some money rather than risking going before an unpredictable jury.
it sint the stupidity of the claimant, its the american legal system. a british lawyer wouldnt take up the case, it wouldnt make it through due dilegence procedures, and therefore not get filed a s a legitimate claim, thats what it is for.
You are responsible for your own actions. If you thought the strap wasnt sufficient - you shouldnt have used it and returned it to the shop.
good grief america, sort your system out! leave manafacturers alone when it is blatantly not its fault.
Nintendo whacked with $5m Wii strap lawsuit
Nintendo has been hit with yet another Wii-related lawsuit. This time, it’s a $5m (£3.3m/€3.7m) action filed by a US mother who claims that the console’s Remote strap design is faulty and dangerous. Wii_strap_designs Nintendo's second Remote strap design (left) and third attempt (right) According to documents filed with the …
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Posted Friday 12th December 2008 15:51 GMT
John Greenwood
5 Million? #
That's one expensive telly!
Paris, 'cos she'd pay $5,000,000 for a 52-incher
Posted Friday 12th December 2008 15:51 GMT
Anonymous Coward
WTF #
Where does the $5m claim come from? Surely the very best she should hope for would be the cost of repair or replacement of her TV, and then only if she could prove that it wasn't caused by her or her son's own stupidity.
Posted Friday 12th December 2008 15:51 GMT
Tim
the PS3 doesnt have a strap on its sixaxis. #
And i am a complete retard who throws my controller at my plasma. I also think its a good idea to let go of it so hard that it breaks the telly. I think i will sue sony because i am a bit of a biff. Who's with me? (by joining me you agree to be viewed as a similar retard).
Posted Friday 12th December 2008 15:51 GMT
Anonymous Coward
I´m Glad..... #
... that i trust my hand more than that little strap. Who tries to throw the Wiimote around anyway. If the little boy can´t hold the remote then i wouldn´t give it to him. It´s like giving a 2 year old your Iphone and then file a lawsuit against apple cuz the Touchscreen isn´t childproof (If the display has Blue/black stains over it afterwards).
But anyway, i´d like to have a few millions for things that are my fault too, wouldn´t that be great?
Posted Friday 12th December 2008 15:51 GMT
Anonymous Coward
Only in America #
Can you make the stupid claim that a new 42" LCD TV will cost $5M
Posted Friday 12th December 2008 15:51 GMT
Ben Mathews
This is insane! #
Do these people not have the opposable thumbs required to grip the controller?
Posted Friday 12th December 2008 15:51 GMT
Daniel
Can you say frivolous?? #
At best this is a case for small claims court. You have a 52 in Samsung valued at less than $2000 dollars and you are suing for $5,000,000. I think someone is looking for a payday.
At the end of the day it is lawsuits like this that gum up the legal system. If anything I believe this woman should be fined and jailed for even wasting the legal systems time with this crap.
It is high time that the the courts be used for more useful things... Um let's saw actually enforcing the law rather than being the pathway for some white trash mothers financial windfall.
I guess she did not take advantage of Nintendo's gel cover for the Wii controller. I guess her young son is a pretty strong kid to break a tv with a 3 ounce piece of plastic that should have been wrapped in soft silicon.
Posted Friday 12th December 2008 15:55 GMT
Anonymous Coward
WiiTards #
I don't understand this problems. My family has had the Wii since it first came out and we have never had a problem of a remote go flying.
Why do people let go of the remote in the first place? I don't even use the wrist strap as I can count on not letting go of the remote to keep it in place.
Posted Friday 12th December 2008 15:55 GMT
Anonymous Coward
WOW #
And there I was thinking you were meant to hold on to the Remote. Surely you are doing it wrong if you a flinging your arms around so hard you let go of the remote and it manages to break a TV...
Paris manages to hold on even in the most energetic situations...
Posted Friday 12th December 2008 15:55 GMT
Anonymous Coward
What a load of BS #
I always go commando on the Wii as the wrist strap is annoying. You've got to be some sort of uber fucktard to swing with enough force to not only hurl the remote 6foot or more but to make it that distance and it still have enough energy left to cause damage...Maybe that woman shouldnt have smoked when she was pregnant, then she wouldn't have had retarded children.
Posted Friday 12th December 2008 15:55 GMT
Gary
Too stupid #
If you're too stupid to be swinging the Wii remote around like a mad [wo]man, you deserve for your TVs to be broken. I have a Wii, and don't even use the stupid strap, because once you realize that the motion sensor works better with smaller movements than large movements, you're no more likely to have it flying toward the screen than with any other control input.
Posted Friday 12th December 2008 15:55 GMT
Richard
I'd like $3m too! #
To compensate me for the mental anguish caused by owning a console that doesn't get any good games. It has warped my fragile little mind.
Posted Friday 12th December 2008 15:55 GMT
Dan White
Translation... #
1) My idiot child broke something / I tripped and fell into the TV.
2) I don't have contents insurance / They wouldn't pay up.
3) I want money to prove it wasn't my fault / Waaah! Pay me, pay me, I'm not a retard who can't read instructions...
$5m would buy a seriously impressive TV. WTF was it made of, diamonds?!
Posted Friday 12th December 2008 15:55 GMT
Bassey
Grump #
Looks like Mrs Grumpy didn't get her Christmas Bonus this year and so is fishing around for other sources of funds.
Posted Friday 12th December 2008 15:55 GMT
Xander
Bullshit #
Most of us here have played Wii bowling. You do *not* move your arms fast enough to send a wiimote hurtling at such a speed to break your TV.
I suspect terrible parenting * e numbers resulted in a temper tantrum and the stupid bitch is just trying to cash in.
Posted Friday 12th December 2008 15:55 GMT
Anonymous Coward
Nonsense #
So, let me get this straight. This woman is suing Nintendo because her son doesn't have the wits to not let the wii remote go?
If he's that negligent, I'd be willing to bet he wasn't even wearing the strap! (Have fun proving that!)
And while 52" TVs are expensive, isn't $5m just a tad overkill?
This is stupid. Might as well claim that Samsung didn't make the TV strong enough, or that the Wii remote should be made of felt.
Please let this grasping woman lose and have to pay court fees.
I'm now just waiting for someone to do something really stupid and then try to sue some religious organisation since whatever god they believe in obviously made them that stupid.
Posted Friday 12th December 2008 15:55 GMT
Tim
Backup. #
If you're holding onto the remote it CAN'T go through your tv in the first place. The strap is there as backup to ensure if you release the remote it doesn't fly off. If put on properly the force needed to break them is huge. Her tv got broken, she should claim it on accidental damage insurance rather that filing a law suit.
Posted Friday 12th December 2008 15:55 GMT
Martin Lyne
Nope.. #
I can't find any Samsung TVs on Amazon for circa £3.3mil.
Oh there is a link to greedy compensation culturists.
Throwing knives is dangerous, they don't even come with straps.
Posted Friday 12th December 2008 15:55 GMT
Adam
So let me get this straight... #
So she wants to sue for $5M. For a broken telly?
Or is she suing for something that hasn't happened, but possibly might happen at some point in the future?
No TV is worth $5M, and if she's that worried perhaps she shouldn't use the Wii? It's not something she NEEDS... it's a games console, not a kidney dialysis machine fer chrissakes!!!
Posted Friday 12th December 2008 15:55 GMT
Andrew
Another stupid American #
Seriously, how can she be taken seriously? Why not sue shoe manufacturers too? I'm sure if you flung your shoe at full force at the telly repeatedly while holding onto only the lace, the lace would eventually break.
Does that mean the shoe manufacturer broke your telly?
And 5 million dollars?? For a broken telly?? Seriously. When can we build that wall to stop them getting out?
Posted Friday 12th December 2008 15:55 GMT
Anonymous Coward
Flaw #
if the plastic loop has a nick in it (from being folded or having something heavy sat on it or something) the stress concentrations could go through the roof and cause it to snap.
Of course, it's then that user-damaged equipment that's causing the damage so Nintendo's probably not liable.
Posted Friday 12th December 2008 15:55 GMT
Nursing A Semi
Just me? #
Is it just me that wishes I lived somewhere that had liberal laws on gun ownership when I read of these lawsuits?
Her child broke her TV while swinging a console controller around and she wants 5 Mil from Nintendo?
/me loads shotgun and then wanders off muttering "I am the angel of death and the time of purification is at hand".
Posted Friday 12th December 2008 15:55 GMT
Steven
$5m #
gee is that how much a Samsung telly costs these days...
Not being funny but isn't the strap a second measure to actually holding the controler in your hand in the first place, grip it's a magical thing.
Posted Friday 12th December 2008 15:55 GMT
Anonymous Coward
Money grabbing #
Don't get me wrong - smashing up a new TV would irritate me but IIRc the wii's accelerometer only registers up to 3g - which wouldn't scratch the TV with such a lightweight controller - she should teach her son to use some restraint instead.
Posted Friday 12th December 2008 15:55 GMT
Alan W. Rateliff, II
No grip? #
And just why are people relying upon the strap? I would suspect that a person would HOLD the remote firmly. From my own experience and observation, if you are putting out so much force as to project the thing away from you, then you probably have special needs.
Paris, she has "special needs."
Posted Friday 12th December 2008 15:55 GMT
Simon Cresswell
Were they... #
...designed by a Scotsman?
Posted Friday 12th December 2008 15:55 GMT
Walter
Don't throw it! #
Even if I didn't use the strap I wouldn't put the controller through my television, because I don't throw it around. The Wii strap isn't defective, the gamer is.
Posted Friday 12th December 2008 16:00 GMT
Dave Edmondston
Hmmm... #
...and blowing a telly justifies $5m because?
Posted Friday 12th December 2008 16:00 GMT
Anonymous Coward
dumbass #
The strap really doesn't come into play if you remember DO NOT LET GO OF THE FECKIN THING.
Anyone dumb enough to swing the remote around on just the strap alone is asking for trouble, as they used to say when I was a kid "you'll put someone's eye out with that".
Posted Friday 12th December 2008 16:00 GMT
Marc Goldman
Please explain... #
Okay, I can imagine being pissed off that my 52" TV got killed by a Wiimote. But why does that give her the right to sue for £3 million? I can see getting a new TV, something on top for time wasted and legal costs. But surely that's only a few thousand pounds??
Or does it mean if she wins the case she buys everyone else with a broken TV a new one?
Posted Friday 12th December 2008 16:00 GMT
Sampler
Well if you're stupid enough to let go.. #
Then you're probably stupid enough to try and sue someone else for your own incompetence.
And stupid enough to be an American where they'll probably uphold it.
Paris - because she's stupid enough for a lot of things...
Posted Friday 12th December 2008 16:00 GMT
TimM
says everything #
From the class action:
"so one of the girls in particular really was having a good time, and really got into this game, and she was going for the full arcing motionslike you see in those commercials
… and before you knew it this Remote,with strap on, and I made sure that bad boy was strapped to her wrist, because Nintendo’s warned me so many times. It actually flew out of her hand anyway, broke, out of her hand, the strap actually ripped, it went like this, flying at mach speed I think, BAM!, hit our wall, put an indent in our wall."
Hmm, yeah. "Mach speed" !
That was just an example this woman has dug up from a web site to boost her case (can't see text like the above standing up in a UK court, but hey, this is America we're talking about), but her own case smacks of someone's telly got bust "somehow" (was she in the room when her kid did the damage and blamed it on the Wii?), and spots an opportunity through the "Sue Everyone" Legal System of America. Probably because their insurance company wasn't going to pay up.
No icon due to lack of "rolleyes".
Posted Friday 12th December 2008 16:00 GMT
Jamie
IDIOT #
I own a WII and first thing is if you are going to swing something around then make sure you grip it. Second who is her son, the worlds strongest man to bust the strap and cause the wiimote to fly into a TV and bust it.
Definite con to get money.
Posted Friday 12th December 2008 16:00 GMT
Rob Beard
Bandwagon #
Ahh just another 'concerned' parent jumping on the bandwagon. I'd be surprised if the wrist strap did actually break, and in any case, she should have made she she had one of the FREE silcon covers that Nintendo were giving away to Wii owners (and which are included with every Wiimote now anyway).
I've had friends over playing with my Wii (2nd generation wrist strap without the silicon cover) and I've not had a wrist strap break at all no matter how hard I fling the thing about. The only way I'm likely to do any damage is either if I stand too close to the TV and hit the screen (but if I'm that close the Wiimote doesn't work as it can't pick up the sensor bar) or if someone else is standing close - I haven't hit anyone yet although I have been hit by my daughter playing Wii Sports.
Maybe Nintendo should supply a cat with every Wiimote and have a notice on there - if you can't swing the cat in 360 degrees successfully without actually hitting something, then don't use a Wiimote. :-)
Rob
P.S. I really do love cats, I have 7 of them!
Posted Friday 12th December 2008 16:00 GMT
Master Baker
Easy #
Don't buy or use a wii. If you've bought one then take it back.
The consumers are not the 'victims' here. They choose to use the wii, so fuck them.
I'd like to see companies in America start sueing consumers for 'being defective'.
Oh my straps broke because I'm violently swinging the remote at the TV.... hmmm... it's not my fault. I'm a victim. I could make some $$ here and buy some more hamburgers to fuel my McDonalds-created fat-arse... (nothing to do with me eating all this food. McDonalds made me fat. I'm the victim... I should sue them...).
Dickheads.
Posted Friday 12th December 2008 16:00 GMT
James Robertson
silly claim #
should be able to claim for a new TV, but nothing more than that, thats all thats been damaged after all.
Posted Friday 12th December 2008 16:00 GMT
Anonymous Coward
(facepalm) #
It's called don't let go of the damn wiimote!
Posted Friday 12th December 2008 16:00 GMT
andrew wavey
People will do anything #
Wow, americans will sue for just about anything these days. If you choose to buy games that cause you to swing the wiimote then you risk slipping it one time or another. and if you are swing that thing so hard that it would cause the strap to break, then maybe you should rethink your gaming habits. You don't see baseball players suing bat companies for bats that go flying out of there hands when they swing, why should this be any different.
Nintendo should just put out an at your own risk terms of use and have people accept it on there machine to play it. if they choose not to the wii should restrict certain games until it's accepted. also they need something stating that no liability will be held against them if such an accident occurs. Come on people, stop buying shit if you think it's faulty. Give the gaming companies a break.
Go play kick the can
Posted Friday 12th December 2008 16:00 GMT
Anonymous Coward
oh no... #
GET A BLOODY GRIP !!!!
Posted Friday 12th December 2008 16:00 GMT
Rachel
I hope she isn't serious... #
So let me get this straight - the woman is suing Nintendo for $5 MILLION because her big TV (which probably cost $4000 tops) was broken? I can understand suing for the cost of the TV, and maybe a bit more to cover lawyer fees and such, or a lawsuit of that size if her kid had suffered severe injuries as a result of a flying Wii controller, but what she's doing is an attempt to use the legal system as a high-priced lottery with good odds...
Posted Friday 12th December 2008 16:00 GMT
Christopher Martin
Bullshit. #
It's a tiny little piece of fabric/plastic. You'd have to be a fool to expect it to hold up to a lot of abuse. Nintendo never guaranteed that you could repeatedly to try throw the thing and expect it to hold. You're supposed to HOLD ON to the controller, and the strap is there in case you happen to drop it. My remote straps look like they're new. If they're worn... you're doing something wrong. And it's especially clear that you're an idiot if you manage to break it playing the bowling game. Bowling requires no fast-twitch motion. You'd have to deliberately drop the remote.
I think it would be safer not to include a strap at all - or perhaps they should include a metal wiihandcuff for wankers who can't remember that they're not really throwing a bowling ball.
Posted Friday 12th December 2008 16:00 GMT
Anonymous Coward
Its funny #
Basic physics refutes her argument. Simply apply weight to a wii wrist strap until it breaks in order to calculate tensile strength. You'll find that they're quite hard to break. You'd certainly need to use far more force than any game would realistically require you exert, given how crappy the sensors in the remote are.
Posted Friday 12th December 2008 16:00 GMT
Ross Aitken
One expensive telly #
$5 million for a TV? She needs to shop around.
Posted Friday 12th December 2008 16:01 GMT
jacob
maybe another *-tard #
maybe lititard?
Is it really so hard to work out how to *not* fling a "wii-mote" through your tv?
Obviously it must be Nintendo's fault that your uncoordinated kid flails his arms about like a mentally deficient orangutan and can't hold on to the controller.
Posted Friday 12th December 2008 16:14 GMT
Piro
What the hell #
I've played on the Wii plenty of times, and never used the strap, but I have used the big condom Nintendo gave out.
Give Nintendo a break. Why doesn't she sue the manufacturer of every single item in her house that isn't bolted down, since it's a possible projectile. If you're throwing the damn wiimote so hard and have such a loose grip on it you toss it with force to break your TV, you're an idiot and Nintendo should hold no responsibility. Oh, and DANGEROUS? There's no way in hell the strap is dangerous.
Posted Friday 12th December 2008 20:05 GMT
Anonymous Coward
Need evidence #
The court should set up a 52" tv and wii console inside the court room and let the kid play the game as he would at home to prove that it was either a "defective" strap or the kid being violently stupid.
Or it could have been the mother throwing something at the kid to shut him up, missed and hit the tv.
Posted Friday 12th December 2008 20:05 GMT
stooz
thats an expensive telly #
Why do americans always find a way to sue even when its their own fault?
I dont care if the strap is rubbish or not, if you throw things toward your oversized TV, then let go , guess what - its your fault.
and if your tv cost £5 million to replace - your a sucker in the first place ;)
Posted Friday 12th December 2008 20:05 GMT
Anonymous Coward
Why it's $5m #
I see a lot of comments that $5m is expensive for a telly. Let me explain:
It's a class action.
In USA, lawyers often work on a percentage - e.g. 33% of the damages awarded. For a (say) $2000 TV, her lawyer might get $700 - not really worth his while for such a longshot case. (The Mom would get $1300, and I think she might have to pay court costs and maybe expert witness costs too, so she might get less or nothing).
But if you make it a class action then you're suing on behalf of everyone who's thrown their Wii remote through their telly, so if you think there are about 2500 similar people then you can sue for $5m. This gives the lawyers $1.7m, and as "lead plaintiff" the Mom might get a cut in the $x0,000 range. Everyone else who's bust their TV due to throwing their Wii remote through it might get $1300 or so (or maybe just a new wriststrap and a free download of a Wii game "worth $49" - no-one really cares about them). It's still a longshot, but if it works at least it's a lucrative longshot. And since the risk to Nintendo is much higher, there's a much better chance that Nintendo will settle and pay some money rather than risking going before an unpredictable jury.
Posted Friday 12th December 2008 20:05 GMT
stooz
blame the lawyers #
it sint the stupidity of the claimant, its the american legal system. a british lawyer wouldnt take up the case, it wouldnt make it through due dilegence procedures, and therefore not get filed a s a legitimate claim, thats what it is for.
You are responsible for your own actions. If you thought the strap wasnt sufficient - you shouldnt have used it and returned it to the shop.
good grief america, sort your system out! leave manafacturers alone when it is blatantly not its fault.
Posted Friday 12th December 2008 20:05 GMT
The Avangelist
ihadthatproblemaswell #
thisiswhatapostlookslikewithoutanythumbsbecauseihavenothumbtopressshiftorspace.ialsobrokemytvbecausewithoutthumbsicannotgripwithanythingexceptthepalmofmyhandwhichafterawhilegetssweatyandilosetraction
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