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Wii

Nintendo Sued Once More Over Wrist Straps

by Francesca DiMola - December 12, 2008, 9:05 pm EST
Total comments: 10 Source: Gamecyte

New class action lawsuit claims Nintendo covered up evidence, will include documented customer service cases.

The Wii Remote wrist strap dilemma is one not unfamiliar to most Wii owners. In late 2006 a class action lawsuit was filed against Nintendo stating the wrist strap of their Wii remote was defective and thus responsible for the damage it caused. Nintendo denounced the lawsuit as "completely without merit," and cited their motions to replace the straps for anyone who was in need. Former plaintiff in the 2006 case Jon Leonard commented that the case was "resolved amicably."

Since that time Nintendo has released two updates to their Wii remote strap, one with a stronger strap and another with a clasp that locks securely around the player's hand. This time however Nintendo is not only being sued for faulty wrist strap functionality, but for covering up evidence from the Consumer Product Safety Commission (CPSC).

While Nintendo insists no formal lawsuit has been brought forth, papers filed on December 2nd by a Colorado resident named Molly Elvig have been found and are in regards to much of the same issues in the 2006 case. Elvig's attorneys claim that every Wii remote strap available is faulty and does not allow the player to follow Nintendo's play instructions of "Swing hard to make sure you clear the net!" The plaintiff has submitted evidence, some of which are video interviews citing the broken straps featured on IGN's Wii Channel.

Her attorneys also intend to provide the court with proof that Nintendo has been hiding evidence of consumer complaints including "cracked televisions and broken Wiimote straps" from the CPSC. Part of this proof will include documented cases from Nintendo's customer service department, detailing damages caused by the Wii remote.

Elvig is suing for immediate replacement of the product (a 52" Samsung TV) and damages incurred on 12/6/2006, along with compensation to those who have experienced similar property damage.

Talkback

KDR_11kDecember 13, 2008

Don't throw the remote at the TV!

Idiots. Swing hard, yes. LET GO, NO! Do you regularly hit other players with a thrown bat in tennis or baseball?

This should definitely be counted as user error. Sure, the strap breaks if you throw hard enough and let go. Don't do that then!

Maybe they should have shipped the thing without a strap and see how many people realize their stupidity then.

oohhboyHong Hang Ho, Staff AlumnusDecember 13, 2008

Has anyone tested how many G's or static load equivalent it takes to break one of those straps? Those Wiimotes are pretty light.

DjunknownDecember 13, 2008

Quote:

Maybe they should have shipped the thing without a strap and see how many people realize their stupidity then.

Its not so much the stupidity, but about the litigiousness. If someone can sue someone and get  a nice fat settlement, they'll do it. Only in America... :'(

LJKKJLCM9December 13, 2008

Honestly?

I don't even use the stupid strap.  The first player Wii-mote for my Wii has no strap attached to it, and I refuse to use it because it gets in the way more than anything and I hate having it around my wrist.  And I've never even come close to losing it from my hand.  This is just people getting way too into it.  It's not like if you buy a baseball people can sue the baseball maker if it breaks a window.

THE JACKEL

King of TwitchDecember 13, 2008

No matter how much they pander to retards, it'll never be enough

FailedToFailDecember 14, 2008

Nintendojo ran a few tests... nothing too scientific, but enough to prove people breaking their straps are being stupid.

http://www.nintendojo.com/fullfocus/view_item.php?1166055790

Ian SaneDecember 15, 2008

The law needs a "THIS IS STUPID" clause.  When an obviously idiotic lawsuit is presented someone should just be able to point out how stupid it is and the case is thrown out. ;)

Stuff like this actually scares me.  In real life when someone is full of sh!t you can just tell them to shove it and walk off.  But the second they get the courts involved your f*cked.  You're not allowed to just say "f*ck this" and not show up in court if they think it's stupid for you to be there in the first place.

KDR_11kDecember 15, 2008

You can start a motion to have the suit dismissed though.

ThePermDecember 16, 2008

there needs to be some bigger sort of check on frivolous lawsuits

PlugabugzDecember 16, 2008

What if someone put a message up at the start of a game saying:

WARNING THIS GAME CONTAINS

EPILEPSY!!!!!!!

Would you expect THAT to be thrown out, Ian?

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