AfterDawn: News

Woman sues over video game-induced seizure

A woman has filed a lawsuit against Vivendi Games, Sierra Entertainment, Sony Computer Entertainment America, and a defunct rental store called Hiawatha Video, after her infant suffered an epileptic seizure while playing Spyro: Enter the Dragonfly on a PS2 console. The lawsuit alleges the defendants were "negligent, careless, and reckless with regard to the design and manufacture" of Spyro.

According to the lawsuit, the child has suffered permanent disabling injuries that will affect him "in all activities of daily living." As with all other games, Spyro: Enter the Dragonfly came with a warning about the possibility of experiencing epileptic seizures "when exposed to certain light patterns or flashing lights."



The woman is seeking damages on behalf of the child "for such fair and reasonable amount as may be awarded by a jury of his peers." Sony has requested that the woman specify the total amount of damages she's seeking.

Source:
GameSpot

Written by: James Delahunty @ 28 Mar 2007 16:22

• Previous article

• Microsoft gets more video for download service

• Next article

• IOGEAR offers automatic HDMI switch

• 39 comments

• oofRome

  It has to be thrown out.
  
  Edit** I mean, stupid Sony. :-D

  28.3.2007 16:32 #1

• gozilla

  Quote:"negligent, careless, and reckless with regard to the design and manufacture"it quite clearly warns you in multiple place about the possibility and how to mitigate the risk of seizures.
  
  READ THE MANUALS!!
  
  or
  
  READ THE ON SCREEN WARNING MESSAGES (most games carry a warning on boot-up)

  28.3.2007 16:34 #2

• ottesen07

  The lady probably doesn't give jack s*** about her kid, but just wants some cash.

  28.3.2007 16:36 #3

• PeaInAPod

  Originally posted by ottesen07:The lady probably doesn't give jack s*** about her kid, but just wants some cash.2nd that, she sees this as a quick way to get some cash.

  28.3.2007 16:39 #4

• thekingo7

  Honestly maybe if you spent more time with your kid and less time letting video games raise him, you would know a little more as to his tendency towards seizures. Stupid woman.

  28.3.2007 16:46 #5

• eiffel65

  Quote:The lady probably doesn't give jack s*** about her kid, but just wants some cash.
  3rd that.
  Quote:after her infant suffered an epileptic seizure while playing
  Now, why would an infant know how to play? Even if it did happen, the child shouldn't be even playing, because of radiation caused from the TV. Now ages 5 and up wouldn't probably get it, at that.

  28.3.2007 17:05 #6

• spydah

  That lady is a mess. It clearly look like shes using her baby as her way to get millions. Also i agree a lot of games state that some light flashes in games can cause seizures but you would think she would read that. The biggest question should be why would you have your baby playing a freaking game what since does that make.

  28.3.2007 17:22 #7

• limelight

  Cmon guys, its not even April Fools day yet! :)

  28.3.2007 17:24 #8

• bobiroc

  Uh I just grabbed the first game off my shelf and bolded in red I read (AND I QUOTE)
  
  WARNING - Seizures
  Some People (about 1 in 4000) may have seizures or blackouts triggered by light flashes or patterns and this may occure while they are watching TV or playing video games, even if they have never had seizures before...
  Of course it goes on, but I think you get the point. I am almost positive all video games after like 1985 have had this warning so this is nothing new.

  28.3.2007 17:56 #9

• SamNz

  Originally posted by ottesen07:The lady probably doesn't give jack s*** about her kid, but just wants some cash.4th that it will get thorwn out video games people are smart enough to cover there ass

  28.3.2007 19:26 #10

• hikaricor

  what a dumb *... someone should start a fund raiser to have her shot.
  
  it's really expensive to hire a good hitman these days but if enough
  people pitched in we'd be doing natural selection a favor.
  
  edited due to language

  28.3.2007 20:04 #11

• ZippyDSM

  why is a infant playing a video game.....

  28.3.2007 22:43 #12

• oofRome

  Quote:because of radiation caused from the TVwait... what?

  28.3.2007 22:47 #13

• ZippyDSM

  eiffel65
  witch radiation?
  
  the electromagnetic waves or the IQ killing TV radiation?
  
  I was not aware of general radio/magnetic waves to cause such damage its to unfocused is it not?
  
  I'd be more worried about eyes and keep the brats 4-6 feet from the screen >>
  

  
  
  FIGHT THE M.A.F.I.A.A.
  

  28.3.2007 22:54 #14

• ResIpsa

  *sigh* This is what happens when the media runs stories without knowing enough about the underlying case--or law, in general. Just so everyone is aware:
  
  Legally, an infant is anyone under the age of 18. While it's possible that this lady is suing because her 1-year old had a seizure, it's more likely the child is much older than that.
  
  Also, nowhere in the story does it indicate that the child was playing alone--so I think all of the kneejerk "stupid-parent-shouldn't-use-videogames-to-babysit-her-kid" comments are out of line. You don't know if the child was left alone all day or if his mother sat down with him and played the game together. I've spent many hours playing videogames together with my children, so it's entirely possible.
  
  As for the outcome of the case, who knows? It's true there is a warning inside of the manual. The question is whether the warning is conspicuous enough to qualify as legal notice. I think it probably is, but that's ultimately a question that will be resolved by the trier of fact--not the media, and not the public. There are all kinds of additional information that will be required to answer such a question--such as: Was the warning written in the plaintiff's native language? Was the manual included with the game (remember, this is a rental copy from a now-defunct rental store)? Etc.
  
  Anyway... it's always best not to jump to conclusions on these things. The media isn't reporting most of the important information. It's just a nice, splashy headline.

  29.3.2007 04:18 #15

• thebox

  the woman is probably a Welfare case and is about to loose it all, needs drugs or HAS to pay her pimp. The perfect way to get help is to pit your kid against the world and all will take pity.
  Like sweet flying crispy crap.
  the dumb broad is trying to say that all parties are: "negligent, careless, and reckless with regard to the design and manufacture" of Spyro. What does she expect? Cardbord Cut Outs or Play-D'oh action? all games have bright colors and flashing animation no matter what, thats how games are designed.
  I have a funny feeling she read the warning and needs an excuse to explain why her infant was born defective or retarded.
  Next thing you're gonna see is her suing the Adult Toy Industry because her Vibrator made her numb downstairs and mouth sore, the Music Industry for making the discs with too much Bass and damaging her hearing, the Film Industry for making her go blind and the Book Companies for making her SMRT (oops... I mean smart)

  29.3.2007 05:07 #16

• bobiroc

  Originally posted by thebox:...Next thing you're gonna see is her suing the Adult Toy Industry because her Vibrator made her numb downstairs and mouth sore, the Music Industry for making the discs with too much Bass and damaging her hearing, the Film Industry for making her go blind and the Book Companies for making her SMRT (oops... I mean smart)Unfortunately many people have this view. Get Rich Quick buy suing some big company or person with money. No one wants to be accountable for their own actions. I firmly believe if a company was negligent or did something wrong then by all means the consumer deserves something. But this does not appear to be the case here.

  29.3.2007 06:43 #17

• eiffel65

  Originally posted by ZIppyDSM:eiffel65
  witch radiation?
  
  the electromagnetic waves or the IQ killing TV radiation?
  
  I was not aware of general radio/magnetic waves to cause such damage its to unfocused is it not?
  
  I'd be more worried about eyes and keep the brats 4-6 feet from the screen >>
  The IQ killing radiation is probably not gonna happen to an infant, so I have no clue. (Do infants even have an IQ?)

  29.3.2007 07:17 #18

• handsom

  Some people buy used systems, which almost never come with manuals.
  
  And most games don't have epilepsy warning screens in the games. So, it's feesible that they got the products used without manuals and had no 'legal warning'.
  
  That's not to say that they should sue sony if that's the case, that might be more something to go after who sold it to them, aka the rental place. But hey, if Sony will pony up, why not?

  29.3.2007 08:59 #19

• thor999

  Just tell me where to send the money. Can we pay extra to have her stabbed?

  29.3.2007 10:13 #20

• tsumiro

  i agree with gozilla. SCREW THE PEOPLE WHO TRY TO F*** WITH THE GAMING INDUSTRY CUZ THEYRE IDIOTS!!!

  29.3.2007 10:58 #21

• WierdName

  Quote:Originally posted by ottesen07:The lady probably doesn't give jack s*** about her kid, but just wants some cash.2nd that, she sees this as a quick way to get some cash.FIFTH THAT! Nowaday its all like that song "money money money".
  
  EDIT- corrected statement from third to fifth.

  29.3.2007 13:58 #22

• rahula

  I think i suffered being angry,excited,trigger happy and horney playing GTA. Which cause me to buy a winchester shot gun and had session with a hooker. I have lower my moral values due to playing PS2 and GTA game. I will have to sue sony and Rockstar for the cost of shotgun and unlimited supply of hookers to ease my urge for the rest of my life.

  30.3.2007 05:25 #23

• Mr-Movies

  She could be a welfare person but for sure she is a bleeding heart democrat due to where she lives and where the debunked store location is.
  
  Maybe she should stop by Mc Donald’s and get some HOT coffee to put between her legs while on the way to the court house. LOL

  30.3.2007 09:06 #24

• PeaInAPod

  Originally posted by Mr-Movies:Maybe she should stop by Mc Donald’s and get some HOT coffee to put between her legs while on the way to the court house. LOLlol, In the famous words of Nephilim "Some people have no damn sense"

  30.3.2007 11:42 #25

• Gary3072

  Probably just another welfare money-sucking scumbag....what was her "infant" doing playing a video game like that anyways ?!?
  
  Also, why is that all people on welfare who don't work seem to be able to afford a SONY PLAYSTATION!!?!?

  30.3.2007 14:36 #26

• gus738

  i think sony has noting to do with this as clearly it staes on games warnings and such preventions can be made from there its up to the user but hey the person wants to sue sony!

  30.3.2007 14:53 #27

• ChiefBrdy

  An infant is defined as a child from birth to 2 years old. The rating of the game is "Everyone" which is defined as "Titles rated Everyone (E) have content suitable for people ages 6 and up"
  
  Sony should counter sue this skank for being excessively stupid.

  30.3.2007 16:55 #28

• Lv426

  @ theKingo7..... best comment ever...spot on!!

  30.3.2007 17:21 #29

• zorb43

  Hahahaha ... I LOVE it ! Maybe she just got too old and her pimp didn't need her anymore ... An old strung out whore looking to hit it Rich ... Hahaha .....

  31.3.2007 00:35 #30

• davydham

  Well,heres proof once again that the world we live in is just riddled with excruciating stupidity.Number one,they knew beforehand if they were suceptible to siezures,and knowing flashing lights are known to trigger siezures played the video games anyways.How is it fair to blame the gaming industry for your seizures?The fact is this is a genetically delegated aspect of this persons life,and the gaming industry should not be held liable for it.The gaming industry should sue her for bieng a god**** idiot.

  31.3.2007 03:46 #31

• davydham

  I believe what probably happened was she was chain smoking rocks,spent all the stamps on dope and concocted this bogus lawsuit to line the pockets,figuring its worth whatever they'll get.

  31.3.2007 04:09 #32

• davydham

  I have fabricated a new user rating that would make it so video game producers might have a little peace of mind:
  
  RATING: NFIWWCBL
  
  (Not For Ignorant Whores Who Concoct Bogus Lawsuits)

  31.3.2007 05:00 #33

• ResIpsa

  Originally posted by ChiefBrdy:An infant is defined as a child from birth to 2 years old. The rating of the game is "Everyone" which is defined as "Titles rated Everyone (E) have content suitable for people ages 6 and up"
  
  Sony should counter sue this skank for being excessively stupid.Actually, the legal defintion of infant in the U.S. is anyone under 18 years of age.

  2.4.2007 10:10 #34

• ottesen07

  ^really? so if a real infant accidently shifted a car out of park, and a 14 year old did the same thing, they would be tried as the same?
  
  (not trying to outsmart or flame)

  10.4.2007 18:49 #35

• handsom

  I think the term is considered different depending on whether the described infant or minor is the defendant or the 'victim'. I've heard similar things, where a fifteen year old was referred to as a 'child'; it all means the same thing in a court of law, you're an adult or your not. The only real difference is if you're a defendant and they want to try you as an adult instead of as a child.
  

  Professional Grade Glass Etching - Get your favorite Game/Movie/Anime logos etched into glass, PM me for info.

  10.4.2007 19:14 #36

• ResIpsa

  Originally posted by ottesen07:^really? so if a real infant accidently shifted a car out of park, and a 14 year old did the same thing, they would be tried as the same?
  
  (not trying to outsmart or flame)Not at all. It's just terminology. In American courts, persons under the age of 18 are referred to as "infants." Doesn't have any deeper meaning than that.

  14.4.2007 22:02 #37

• WoWGold

  Is it really possible to have seizure because of that game? Are there other games out there that have the same effect? Should I be thankful that I just play and farm SPAM edited by ddp on my PC even for long hours?

  28.2.2009 18:51 #38

• Sishasepilepsy

  Originally posted by thebox: the woman is probably a Welfare case and is about to loose it all, needs drugs or HAS to pay her pimp. The perfect way to get help is to pit your kid against the world and all will take pity.
  Like sweet flying crispy crap.
  the dumb broad is trying to say that all parties are: "negligent, careless, and reckless with regard to the design and manufacture" of Spyro. What does she expect? Cardbord Cut Outs or Play-D'oh action? all games have bright colors and flashing animation no matter what, thats how games are designed.
  I have a funny feeling she read the warning and needs an excuse to explain why her infant was born defective or retarded.
  Next thing you're gonna see is her suing the Adult Toy Industry because her Vibrator made her numb downstairs and mouth sore, the Music Industry for making the discs with too much Bass and damaging her hearing, the Film Industry for making her go blind and the Book Companies for making her SMRT (oops... I mean smart) Children with seizure disorders are not defective or retarded! Nowhere does the story indicate the woman's financial state and welfare moms are not necessarily dumb broads, on drugs, or whores. I have rarely been so offended by ignorant hate speech! You should be ashamed of yourself! Seizures triggered by visual stimuli happen to many people and while this mother should have paid attention to the warnings it does say it was a rented game and therefore may have been missing the manual, many are missing in rentals as I'm sure you are aware. I do not think this legal suit is an appropriate response but I'm sure this woman is frightened by the potential repercussions for her child. This is a scary way to discover that your child is visually sensitive to flashing lights. I believe the suit is ridiculous but at the same time so are you with your ignorant rant.

  20.2.2012 19:08 #39