Nintendo faces a lawsuit

Nintendo faces a lawsuit
The much debated Wii wrist straps have spawned another shadow on Nintendo. A US law firm, Green Welling LLP, filed a lawsuit in the U.S. District Court for the Western District of Washington on behalf of Wii owners against Nintendo of America.

The class action lawsuit seeks justice for Wii owners who have broken their wrist straps while using the "Wiimote" as instructed, and tries to discontinue Nintedo's "unfair or deceptive business practices" and make them "provide a refund to the purchaser or to replace the defective Wii remote."



Nintendo has already promised to replace all broken wrist straps and provide new enhanced and less vulnerable straps to customers. The Japanese company is not concerned about the lawsuit and believes it won't go anywhere.

Source:
Kotaku

Written by: Matti Robinson @ 21 Dec 2006 1:50
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  • 52 comments

  • limelight

    Nintendo IS replacing the defective wrist straps!!!

    Is this law firm bored, or just plain retarded?

    21.12.2006 02:03 #1

  • gabsta69

    It just seems to me that anyone will sue anyone if they can. I wouldn't be surprise if Sony get sued for not living up to its promises with the PS3.

    Give Nintendo a break. They are fixing the problem but then people want to make some money off them.

    21.12.2006 03:44 #2

  • mnovus

    @ gabsta69

    No kidding. :)

    21.12.2006 04:24 #3

  • KSib

    Haha, it's hard to have a lawsuit when the wrist straps aren't the cause of the problems, it's the fault of the user.

    "To put things in perspective, there are currently around 325,000 Wii consoles in homes across Europe, with an impressive 925,000 remotes in circulation. However, Nintendo claims to have only been contacted by 20 customers globally regarding the strap issue."

    That's a pretty small number you say, right? :)

    Source: IGN UK (http://wii.ign.com/articles/751/751182p1.html))

    21.12.2006 04:26 #4

  • wolf123

    Why are filing the lawsuit after Nintendo said they would replace all the straps.

    21.12.2006 04:27 #5

  • KSib

    "Why are filing the lawsuit after Nintendo said they would replace all the straps."

    Good question. I really don't know why a U.S. law firm had to do this on behalf of the Wii owners like he was going to round up the full (honest and true) assessment of what damage was caused due to wrist straps and then provide reparations for the customers. If people seem to think that the wrist straps are causing the issue; which they shouldn't be at all because you are still supposed to hold on to the controller, not swing it around by a lanyard. It's provided as a backup in case you do happen to let the controller slip from your hand. I've already stated what I think the problem was, that's why such a minute number of people have requested replacements.

    21.12.2006 04:35 #6

  • DamonDash

    LMAO..This is funny as hell....lol

    Quote:Haha, it's hard to have a lawsuit when the wrist straps aren't the cause of the problems, it's the fault of the user.If nintendo thought this then why would they replace the band so the knew the bands was not strong enough..

    21.12.2006 04:50 #7

  • mnovus

    I think some of these people are just lawsuit-happy. Nintendo, Sony, even MySpace are all cathing hell over things. Give it a break!

    21.12.2006 05:00 #8

  • KSib

    Because it's what the media has defined as the true cause of the problem. Yes, they may be weak, but in all fairness it wouldn't be an issue if the user holds on to the controller. They have to do something for the consumer lest they be accused of (at best) poor customer support.

    21.12.2006 05:01 #9

  • stevo76

    I thought that you were supposed to hold the controller!

    If anyone is sued it should be the idiots that keep throwing them.

    21.12.2006 05:01 #10

  • mrtoast2

    Since most lawsuits end in settlements, they are at least trying it. Yet, the lawyer will net nearly 40% of the total amount. Some money is better than no money, and the lawyer gets paid either way. To me this is on the stupid side, like sueing a fork manufacturer if you slip and fall while you are eating, stabbing your cat in the buthole.

    21.12.2006 05:42 #11

  • tabletpc

    this is funny as heck

    because not only will this lawsuit go nowhere because all the broken wii remotes are caused by improper system use and even funnier there is no regular use damaged that is bull

    21.12.2006 06:19 #12

  • MightyOne

    The controller did not stand up well to my beating it with a hammer 20 or 30 times.

    Who should i sue...the hammer manufacturer for breaking my controller, or Nintendo for not making it withstand the abuse ?

    21.12.2006 06:27 #13

  • psyantist

    OK......mrtoast2.......wow!

    Justice! Seeking justice in this matter would be putting the people who throw thier remotes at their TV's out of our misery. There should be better protection for companies against frivolous lawsuits like these. Too bad there aren't judges out there with enough balls to call these people at their bluff and squash this crap before it get started.

    I wonder if we could sue God for defective people, that would be awesome.

    21.12.2006 07:09 #14

  • cleverick

    the customers in the lawsuit are lazy. how the heck can a remote fly out of your hands? it like the people who tried to sue mc donalds for making them fat. those bunch of losers(and the lawyers who filed the suit).

    21.12.2006 07:26 #15

  • ZippyDSM

    *rolls eyes*
    who didn't see this coming?

    21.12.2006 07:46 #16

  • Pop_Smith

    This is one thing I hate about the United States, they sue whomever they can for whatever reason they see fit.

    Has anyone held the remotes or played them? I personally have and the strap (which according to Nintendo is currently 0.024 inches thick, soon to be 0.04-in thick) is PLENTY sturdy. Even if your swinging around your Wiimote by the cord its plenty strong enough to not break.

    Here is what I could see the people who say the straps are faulty doing:

    Not using the strap and playing something such as Bowling, then the controller slips and destroys the TV. Well, they get pissed and says "My freaking strap broke" which is really done with a nice pair of scissors.

    21.12.2006 08:01 #17

  • Scott321

    Please send a message to this law firm if you think this is the most ridiculous law suit ever http://www.classcounsel.com/contact.html

    21.12.2006 08:02 #18

  • leviticus

    People are definetly sue happy these days.

    21.12.2006 08:26 #19

  • simpsim1

    There's a good song on the latest Weird Al Yankovic album that sums up the civil action society we live in today (Called "I'll Sue Ya").

    The guys from the US will be glad to know that we in the UK have the same mentality amongst our law firms too. It's at the point now where one's afraid to sneeze for fear of being sued for passing on a cold (Now that's a thought. Who gave me a cold the last time? Maybe I should sue..... My god! What am I saying?)

    21.12.2006 08:41 #20

  • face123

    Ha I heard about this a few days ago on the news. But yeah I knew this was coming...

    21.12.2006 11:43 #21

  • Molder

    Only in America!!

    21.12.2006 11:53 #22

  • face123

    And Canada....

    21.12.2006 11:54 #23

  • CiDaemon

    Here's how the straps are "broken".

    http://thelede.blogs.nytimes.com/2006/12/08/wii-have-a-problem/

    God, I love this video.

    This just goes to show why console makers never innovate.... fear of lawsuit!

    21.12.2006 12:03 #24

  • face123

    If they werent so rough with the controller I dubt they would break until a long time.. But still eventually they would break so I want the most durable controller you can get.....

    21.12.2006 12:05 #25

  • psyantist

    Holy crap, that video is money! Talk about a complete lack of motor skills.

    21.12.2006 13:01 #26

  • bobiroc

    There is an article here http://www.tgdaily.com/2006/12/20/wii_strap_lawsuit/

    with a stupid quote and I Quote

    "A statement issued by the firm reads, "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."

    In there they say the strap broke first then the remote flew outta the hands. To me that is just plain retarded. I think the people let go of the remote first then the strap broke and because they were putting too much force on their motions the strap broke. I am a proud owner of the Wii and do not see what the big deal is. Hold onto the remote and you won't have a problem. Nintendo issues a warning before the games start to make sure all people and obsticals are out of your way and I am pretty sure they say you do not have to use excessive force for the motion sensing to work.

    This is just a case of someone blaming someone else for their own stupidity. I hope the person sueing loses their ass.

    according to this website http://www.nexgenwars.com/ almost 1.9 million Wii consoles were sold and of the handful of problems reported I highly doubt its as big of deal as these people are making it out to be.

    Nintendo responded right away to the few problems and issued a voluntary recall for the straps so I commend them for that. Shows that they still care for their customers. But some people are just looking for a quick payout.

    21.12.2006 13:04 #27

  • Frostbite

    Well I'm suing gabsta for saying anyone can sue any one, that just is not true, lol.

    Frosty

    21.12.2006 13:32 #28

  • bobiroc

    Oh and on a side note, I think these people should prove that the strap broke during NORMAL play. How do we know they were not using the remote improperly or just ripped the strap off themselves and through it at the TV or Window just to make some money.

    21.12.2006 14:07 #29

  • SayYes

    I'm sueing myspace cause i got caught cheating on my girlfriend. i'm sueing sony cause i can't afford the ps3. i'm sueing nintendo cause the graphics aren't up to par. i'm suing microsoft cause...cause...cause windows keeps crashing. who am i missing people?

    21.12.2006 15:18 #30

  • xtwister

    I have heard of alot of plasma screens taking the impact of the controller.. but that doesnt mean the user was even using a strap. Heard Best Buy had around 16 broken plasmas so far (across the US) in their demo area.

    21.12.2006 15:32 #31

  • Andrew691

    Why not sue the people who made your TV for not being Wiimote resistant... I can see it now the latest Sony HDTV under features: Extra thick glass to protect against morons who let go of their Wiimotes.
    This shows that in America (and a few other countries) that anyone can sue anyone for nearly anything, completely stupid. Nintendo have promised to repair broken straps what more can people want? just a case of people being greedy.

    21.12.2006 15:42 #32

  • Donuts

    This makes the firm look bad for filing something so ridiculous. Nintendo have already agreed to replace the remotes. Who are the "Wii owners"?? Shouldn't THEY bring the action??? The firm's loaded language makes no sense either. A large corporation such as Nintendo will not tarnish its reputation with "unfair OR deceptive" conduct. It has nothing to gain from this and everything to lose.

    21.12.2006 15:57 #33

  • igounfaze

    I truthfully wouldn't be worried about this lawsuit if I were Nintendo. They had already implemented a service for the complaints before the suit. Nulling the lawsuit. So I think Nintendo has broad ground to stand on for this.

    And yeah. I remember the days when Bowser would trash 80 of my 99 lives. I threw my control against all four walls. When it broke... I fixed it. If I couldn't fix it. I bought another one. (or better yet, borrowed one from my friends).

    Go figure that all those joyous years of playing Nes/Snes/64 could have paid off with more than enjoyment for my own stupidity. Damn, if only someone would have told me when I was younger that my stupid acts against the evil controller was really someone else's fault and not mine!

    21.12.2006 16:22 #34

  • Chanta

    The lawsuit is so retarded you'd think that SONY paid them to sue NINTENDO just to create some sparks. No but seriously, c'mon folks s#!t happens ok and some people are just not...well "normal" shall we say?

    And out of the 1.9 million sold (I'm quoting from what I read here so dont hold me to that figure)you would expect some incidents..hell why would they put the wriststraps on it in the first place if not for some poor shmoe or shmoes who screwed up at the R&D level.
    I mean c'mon losers get yer s#!t straight and stop the greed. If you messed up your daddys plasma or yer aunt Sally's porcelain, fess up and stop being such weiny bit@hes!! it's easier to blame someone else after all right??

    21.12.2006 18:01 #35

  • theonejrs

    Ever notice that the words Sue and Screw rhyme? As in, "The lawyers Sued, and you got Screwed!!!" Only business I can think of where you get paid for failing. Lose the case and the Lawyer still gets paid! Nice!!!

    Happy Holidays.
    theone

    21.12.2006 18:08 #36

  • cappyx

    insteard of making the strap right to normal persons specs nintendo should have went with the 40mil strap to start with and compensated for the retarded folks. now they will just pay double. nintendo should have known that some pos lawyer was going to try to get rich as soon as even a small amount of straps began to snap for whatever reason. the lawyer gets a gizillion dollars and you get a flippin' strap. appearently this has become the number one way to live the good life simply become a lawyer, pretend you care about people ,(caring about children is better because no one will oppose you) and file a suit and you are set for life. I'm thinking that maybe the smart ones aren't fighting the system they are joining it?? it seems to me that the respectable ones are poor and will get a nice new wrist strap.

    21.12.2006 18:53 #37

  • cappyx

    i am suing microsoft. the xbox controller now has my thumbs making funny sounds and i am addicted to pc. there was no warning lable on the pc when i got it stating that the product was addicting and i am suing e-commerce as i am also addicted to the internet. oh ya i'm suing all cell phone manufactures as there may be a chance i get a brain toomer from cell waves and if i die i won't be able to spend the money so as a premptive strike i will just sue now. i am suing all of my creditors as no one told me i would have to work at a job to pay them back and i am suing the doctor who delivered me as he should have evaluated my parents income level and recomended abortion.

    21.12.2006 20:20 #38

  • Kratos69

    This is just so wrong. It sounds like the typical hot blooded American whos favorite team or driver (for nascar fans) just lost and the only thing he had around him was his remote so he threw it and now he is pissed cause his new HDTV is broken and needs to blame someone. Well sure that maybe stereotyping but it just sounds the same for gamers that can't beat the game and get mad so they throw the controler and blame Nintendo because they need money to fix the tv or get a new one when really its their fault.

    21.12.2006 22:18 #39

  • theonejrs

    kratos69, Quote:It sounds like the typical hot blooded American whos favorite team or driver (for nascar fans) just lost and the only thing he had around him was his remote so he threw it and now he is pissed cause his new HDTV is broken and needs to blame someone.I can think of some Giants fans who would have thrown it through the plasma the way the Giants lost a couple of weeks ago.

    "But it's Nintendo's fault"!

    Happy Holidays,
    theone

    21.12.2006 23:34 #40

  • DarkMods

    Maybe if people kept the nunchuck attached then even if they let go of the wii remote they still have their other hand on the nunchuck

    22.12.2006 05:24 #41

  • didas

    YEAH, THESE PEOPLE WANT A NEW TV FOR CHRISTMAS,
    AND U KNOW WHAT I FEEL LIKE SUE IN YOU, YEAH YOU.
    HA,HA,HA.. ONLY IN USA, SHAME ON YOU,GRINGOS. ONLY WHITE PEOPLE SUE FOR NOTHING,LIKE THE STRAPS.

    22.12.2006 13:12 #42

  • nalljr

    The broken windows and tv looks like those M***Ns intended to throw the Wiimote directly to it.

    "Nintendo has already promised to replace all broken wrist straps and provide new enhanced and less vulnerable straps to customers. The Japanese company is not concerned about the lawsuit and believes it won't go anywhere"

    The judge will probably agree with this or will just sentence Nintendo to have all straps replaced but NO compensation of broken TVs and windows. "You broke it, you bought it"

    22.12.2006 16:08 #43

  • Nephilim

    As big of a stretch as it was we just had one schmuck bring race into a discussion about console remotes. He's gone permanently and anyone who carries didas' torch will follow him.



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    28.12.2006 21:10 #44

  • ZippyDSM

    Originally posted by Nephilim:As big of a stretch as it was we just had one schmuck bring race into a discussion about console remotes. He's gone permanently and anyone who carries didas' torch will follow him.
    the only torch I ahve is for you and creacky :3

    Mmmm i hope creaky is not afraid of fire....some undead are ^_~



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    Sony has declared war on importers the consumer will be next with CD's,Videos/Games not far behind that....boycott SONY!
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    29.12.2006 05:18 #45

  • cappyx

    next time there is violent weather we should sue our insurance companies as they claim it is an "act of God". My God is all loving and would not do such atrocities there for i feel that it was either Mother Nature, psiedon or zeus and they need to pay up.

    29.12.2006 05:46 #46

  • ninjanick

    how do you swing that shit so hard?

    30.12.2006 18:17 #47

  • LeMike

    Having viewed the site of the company pursuing the suite, I believe that all of us who have Wiis should write to Nintendo offering our services as expert witnesses for their benefit. I doubt they'd have any problem laughing a class action suite out of court if the prosecution cited 100 example cases and the defendents cited several thousand very satisfied customers ready to testify on their behalf !

    31.12.2006 10:38 #48

  • LeMike



    "next time there is violent weather we
    should sue our insurance companies as
    they claim it is an "act of God". "

    Well, we should at least get together and demand that they prove that it was an act of God (and also, BTW, which / whose God it was !).

    31.12.2006 10:44 #49

  • cappyx

    make them produce "god" in a court of law! whichever god they are refering to produce it!

    31.12.2006 10:48 #50

  • rabbiTT

    Funny, this seems to be only happening in America. Hmmm, could it be because they are so sue happy or ready to blame someone else for their shortcoming or faults?

    6.1.2007 06:34 #51

  • theonejrs

    rabbiTT, Quote: Funny, this seems to be only happening in America.That's because we have the best Justice (???) money can buy! The Courts are clogged with nonsense Lawsuits that shouldn't even be heard. Contrary to popular belief, there is no "and equal justice for all" as money has everything to do with the "equal"!

    theone

    6.1.2007 12:58 #52

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