Sony, Vivendi sued by mom for causing seizure in baby |
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Well this came out of nowehere. GameSpot reports that Sony, Vivendi Games, and Sierra Entertainment are all now part of a lawsuit filed by a mother whose infant suffered a grand mal seizure while playing Spyro: Enter the Dragonfly on the PS2.Details on what actually happened here are still sketchy, because the news report doesn't mention the age of the child, but here's the current lowdown on the new lawsuit.
According to GameSpot, the suit claims that the three companies (as well as the rental store the game was taken from) were "negligent, careless, and reckless with regard to the design and manufacture" of the game, failing to properly warn consumers of the hazards of playing the game. Despite this, you should note that there's a warning in the manual that says some people may get epileptic seizures when exposed to certain light patterns and flashing lights.
The mother is currently seeking just compensation for possible life-altering injuries incurred by her child as a result of the grand mal seizure.
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Comments [refresh]
All Console manuals and Game manuals have this warning.
If she fails to read it, it's her own fault.
So don't go blaming someone else for your own negligence.
Everyone seems to be suing these days. Her case is invalid because there is a warning when you start the game and in the manual too about possible side affects of playing Video games. The same happened to Nintendo where they were sued because a mother's Son died of a seizure after playing one of their games. The case was thrown out of the court because there is a warning.
How long does her "baby" keeps on playing? If she was a good parent, she would know what is good for her child and what isn't. Maybe next time you should take of your child instead of blaming others for you child's health eh?
if it was you and your child turn retarded, would you want to seek compensation? even knowing there is a warning there?
My big brother was overdose by doctor, he then got a fever and since then he was retarded for life. Now because of my brother's demise, i was drag down by the incident, which you have no idea what a impact this can be. And there's no compensation whatsoever. And yes Justice do prevail when you are dealing with Medical industries(*sar casm*)
I know its there but i never care for that notice much.
She shouldn't sue anyone. She just can't. I've been reading manuals of every game and platform since Playstaion 1 was released, and in EVERY manual they said it could cause seizures or things like that. That's the "risk" of letting your kid play videogames. You should've known better. This is in no way Sony's or Vivendi's fault.
Wow, thats sad dude, I would have been pissed. You should have sued.
ever since ds, nintendo has put up like 4 warning about seizers on the games and the handheld itself when you boot up the game/system. I guess they wanted to avoid being sued.
@Tom
That is a sure case to sue. You were given NO warnings of the overdose and that doctor was neglegent. In this case Sony DO give multiple warnings and have since the PSX days over epileptic seizures are possible to some people if they play too much. Plus the fact is the mum should never have allowed an infant too much time on a game in the first place.
This case will be thrown out for sure.
Hell, even my Mega Drive and Master System (especially the ones that use 3d goggles) manuals have seizure warnings. Case closed, she's going to fail. MASSIVE DAMAGE to her bank account.
okay i understand the problem but if there's warnings..she should take that into consideration..jeez they should put warnings on games like cigarette boxes..
will games companies have to start creating 3d popup cardboard characters that pop up when you open the case with the seizure warning as people don't RTFA?!?!
i don't know about newer games for the other consoles, but nintendo do have very big warnings when everygame is started up, infact nintendo have a big warning when the console is started up and a "read the manual for health and safety" on the back of each game box, the warning are all over the products...people really can't miss them...like they really can't miss "smoking kills" on cigarette boxes...
I see her point, wanting to sue, but thats no reason to poit the blame at that one company. If one in several million react to a epileptic seizure to a certain game, the most likely reason would be because the son himself is epileptic.
Sad, but i dont think that Sony, Vivendi or sierra should be sued, Her son would have had an epileptic fit sooner or later from TV or any other game, so no matter the game, same result.
it was just unlucky that he didnt have a milder form of epilepsy, but it's usually hard to tell if someones epileptic until they've had an episode.
she made nintendo place a warning that you have to click though when you start the game.
Personal responsibility and good parenting surrender.
The only result will probably be Sony implementing the warning screen a la Nintendo-style. With the precedence such a situation has, she'd be better off forming an advocacy group to make it better known that such things can happen (though anyone who has been a gamer for awhile should be well aware of it). Though that thought raises the other question of parental accountability. I'm willing to bet she just stuck the disc in and let the kid play. I'm sure she wouldn't have just given the kid a random toy when he was younger without checking for parts that could be swallowed (though i guess we can't really be too sure about that).
Yep, I was thinking the same thing. Everyone knows epeleptics can get seizures from video games.
maybe she should point the fun end of a gun at her head and see what the magic lever does. she sounds dumb enough to do it
What legal aid did support this action? Are lawyers that desperate to make a name for them self so that'll take on any case... Her lawyer should just has said we won't win this and called it a day...
Maybe the rental place can be sued if the manual is missing... But, really there is an in game warning....
These are the same kind of people that sue Disney for heart attack while on one of their rides and sue Mac Donald's for making them fat. WTF. Its really getting out of hand America. And you know who I blame, its not the people doing the suing or even the lawyers bringing these cases to trial, I blame the phuking Judges that humor these A55holes instead of kicking them out of court and putting an end to these stupid A55 lawsuits. They're just encouraging and sending a message out that its ok and that you should be paid for other people not having taken into accountability your level of stupidity. People should be held accountable for their own mistakes. Damn it this p1sses me off.
I'm so confused, what's an a55 lawsuit? is that like a specially sanctioned lawsuit or something?
But seriously, RTM lady.
i thought the same thing but when you rent a game you rarely get a manual with it. her suit is legit if there was no manual included with the game.
They should try playing "revenge of the mutant camels" or any of Jeff Minters games back on the C64 or Amiga...
jeeze!
http://en.wikipedia.org/wiki/Revenge_of_the_Mutant_Camels
its sue-mageddon!
As someone who is actually epileptic, I have to say I find this women's action pretty hard to swallow... Her son is obviously photosensitive, which has obviously brought on his seisure. However games are not the only thing that can set this off. Any flashing lights can do it. Someone I know even had a fit after horse riding in a forest with sunlight flickering through the trees.
As for her son being retarded by the seisure - I don't think so.... Otherwise I'd have the mental age of a 4 year old ;)... (which I have'nt BTW!)
I'm glad I don't live in the US, I would'nt leave the house for fear of being sued... Mind you the Uk is becoming that way.... Rant over...
If it didnt come with a manual shouldn't she sue the place she rented it from or maybe she bought it used from like gamestop or somethin, shouldn't she sue them?
but... its not as big as it should be and its in a manual. Several people never read them (or instructions for anything else)
until someone mentioned it on the news and my friends said it too. Too damn small!!!!!
and\or they want the kids to be safe. I mean take a look, the ds is nearly in every kids hands (and mine too, but i love the psp more)
This is stupid, it says it in every game manual. If she rented it then she should have a 'valid' reason to sue the rental company. If she has a pirated copy of this game then its her owns stupid fault. this like saying "I am sueing HBO since my son got a seizure watching freddy vs. jason".
"I think she shouldn't sue.."
Never mind what you think. What is fact is this, if the game manual has a siezure warning, she doesn't have a case with Sony or Vivendi.. period.
If there was no manual but there was a warning imbedded in the game itself, she doesn't have a case with the company that rented her the game.
While it's sad that the kid had a fit, she should be thankful for one point: That it was caught early and steps can be taken in the childs future to minimise risks to future siezures.
well that's their fault, all people are encouraged to read the manual but they never do
she should spill HOT coffee on herself and sue McDonalds too
I think I got cancer from playing videogame. One day my doctor called me at home while I was playing GTA and he said I had cancer. It's obvious that it's related to videogame. Could this baby have a seizure while watching cartoons? Maybe, but it happened while playing videogames so you have to relate to what you are doing at the moment.
I also almost had a heart attack while playing Gears of war, if i did it would be blame on videogames and not that I'm a weak fat bastard who eats at McDonalds. I also blame videogames for my hair loss...
Now the common sence.
You cannot blame videogames for your medical conditions, beside why Spyro? why this specific game? Do other games cause seizure? You and I both know that she would have sued no matter what game it is and she would also have sued if it had been a cartoon.
Money is not going to make her a better mom, one that can read manuals.
this woman is a *****in idiot shes gonna lose soo much money in terms of court costs cuz theres no way in hell she can possibly win..
EVERY GAME, AND I MEAN EVERY SINGLE ONE OF THEM, HAS A WARNING IN THE FRONT FLAP, THE FIRST DAMN PAGE.. IT READS AS FOLLOWS...
"A very small percentage of individuals may experience epileptic seizures when exposed to certain light patters or flashing lights."
ALL SONY, VIVENDI, AND SIERRA HAVE TO DO IN COURT IS READ THAT ONE STATEMENT, AND ITS OVER, CASE CLOSED..
stupid bytch mom, read before u let a *****in baby play a game.
all gamers had this thot in their head the SECOND they read the title, i know i did lol.
*****ing british piece of *****! how do you goddamn foriegners always turn ***** into a "im glad i dont live in the us" argument. cause guess what, IM *****ING GLAD THAT YOU DONT LIVE IN THE USA TOO *****ING COMMUNIST *****ES SO ***** OFF
BULL*****
end of discussion
(L&D)Fredy
hey, i got a blister for playing video games. maybe i should sue the companies too.
lol, yea, that's very true. As soon as I read that title. I'm like: Case closed, they have it on the VERY first page. | Though even if they do have warnings like that, they might still get sued -_-' I mean, look at the tobacco companies, they have warning labels on their boxes yet they still get sued. I've NEVER, and I mean NEVER seen a game without the manual saying something about the seizures. I mean, I understand how she feels about her baby. Who wouldn't be pissed, depressed, and upset about something serious happening to a close family member? But that gives no one the place to sue when there are warnings and risks in the manuals and stuff like that. And as soon as you purchase or even rent a game, you agree to an agreement saying you understand those risks. Simple as that.
maybe first of all
a baby shouldn't be playing a F***ing video game
and yes the parents should read
they are responsible
a baby is more likely to get siezures from flashing lights than the average 8-above year old person
maybe first of all
a baby shouldn't be playing a F***ing video game
and yes the parents should read
they are responsible
a baby is more likely to get siezures from flashing lights than the average 8-above year old person
This is unbeleivable, if she really cared for her children so much she would become an anti-seizure producing game activist or something like Jack Thompson trying to prevent accidents instead of looking for a economical compensation, she disgusts me...
it doesnt matter where you live.. its all about the culture... in major cities like LA, nyc or seattle. people are happy to sue. but if you go to the midwest.. you wont see the same reactions.
I apologize for the comment of "suck my balls". The vast majority of us Americans do not share his cultural ignorance nor his insensitivity. I agree that the United States has become a lawsuit happy fairground, a sign that the American Dream has become corrupted by individuals who would rather get rich quick at the expense of others rather than work hard to achieve their dreams.
While this woman's case is definitely absurd, there is the outside chance she could win. The warning, while it does exist, is small and hidden out of the way in Sony's manuals, so she may have a case of negligence. Juries like to side with the civilian "victims" against the "evil corporations", as corporations can pass the penalty on to consumers through an increase in prices.
I'm more of an Xbox fps fan, however, so hopefully an adverse verdict in the case will not have a noticeable impact on my gaming
Suing others because you can't take responsibility for your own actions or inactions is what Americans do. It's a major contributor to what is wrong with American society.
WTF is wrong with this woman?
" All Console manuals and Game manuals have this warning.
If she fails to read it, it's her own fault.
So don't go blaming someone else for your own negligence."
Amen to that dude.
She should also put her dog in a microwave and then also sue the microwave company while shes at it.
Regardless if the rental included a manual, most rental places include warnings on the case. As well, it is a widely known thing that *****es who have seizures shouldn't be playing games or even watching TV.
we can all stereo type I am sure a lot of Americans look at Britain and see burnt out cars and a bunch of chavs in kappa shell suits and burberry caps. I agree big population centres in America are crazy places. But I have relatives who live stateside in Ohio. Its a nice place.
maybe her 3 month old baby should not have been playing PS2
maybe her 3 month old baby should not have been playing PS2
AHHHHHH!! IM HAVIN A SEiZURE IM GONNA SUE QJ
This is just another case of some piece of sh*t suing with the hopes they will settle out of court. It's her own damn fault if sh didn't read the warning in the manual (which she claims doesn't exist apparently). Don't give in to this ***** Sony/Vivendi/Sierra, take her to court and make her look like a fool! Make her spend every penny she has on court costs. If you do settle out of court you will only be promoting this kind of idiocy
At a certain age children are more susceptible to a seizure
because their little brains and eye balance, for short
lets call it equilibrium, doesn't scope everything like an
older much more adjusted equilibrium and has nothing to
do with epeleptics when your a kiddie. Even
non-epeleptics can get seizres.
Any Child under the age of 5 should "NOT" be playing
video games with high res graphics and spinning 3D
worlds
I believe this child in question was 3 & 1/2 years old.
Any and almost every child at that age "WILL" get a
seizre from playing a high res game where the 3D world
spins around in circles. The brain at that age has a hard
time recalibrating and compensation for the visual it
renders as a real life environment, even when the child is
sitting on his/her own bum. Maybe the brain trys to hard
and over compensates or under compensates which
leads to the seizer.
Regardless, the mother should be held responsible
for not being smart enough to raiser her young in such
an environment without causing brain damage to them.
She used the game as a baby sitter and came back to find
the child drooling & twitching. She is the bad mother and
CPS should come take the children, and lock her up for
neglect with bodily harm.
It should be a no brainer today, not to sit your 3yr old
in front of such games even if it is innocent like Spyro.
No child under the age of 8 should play High Res 3D
Environmental games, period.
This is a frivolous lawsuit, and the mother needs to be
examined closely by Child Protective Services.
maybe her 3 month old baby should not have been playing PS2
Last time I checked, infants aren't supposed to play Video games. The woman is an idiot, if ANYTHING, its her fault for letting him play.
What happened to your brother was malpractice. What happened to this women's child was neglect, her own.
RTFM lady. Oh and by the way, WHY are you letting a BABY play spyro, let alone a game system(that isn't like v-smile.)! How in the WORLD is a baby gonna know how to play spyro! If you cared about your kids, you would read the WARNINGS. They are EVERYWHERE......
ktHXbYe
Why should the baby be playing
Dear mr 'suck my balls',
Comments like that don't add anything to the discussion, and frankly just show you up to an immature, brain dead, bigot (if you know what that means...)
The comment was not meant to be offensive, and I'm sure that many Americans would agree with me. I'm also sure that many would'nt, but that does not deserve the kind of abuse you subjected me to does it?
You're lucky I don't sue you ;) ...
Thrill kill, Dave and co thanks for the back up.
wow, i bet she was black no one wouldve stooped this low to gain a quick buck honestly, wow. dont all games come with the warning for seizures? i know DDR does
seems to me this lady is an opportunist chasing a free lunch
and to those who are thinking these lawsuits are typically american
i'm australian and the same lawsuits are cropping up here
its just opportunistic people looking for a free lunch
i slipped on the floor of macdonalds, there was a slippery when wet sign but it didnt say the floor was wet, so i'm going to sue
"My big brother was overdose by doctor, he then got a fever and since then he was retarded for life"
I think anyone whos brother was handicapped wouldn't like you calling him retarded
" Suing others because you can't take responsibility for your own actions or inactions is what Americans do. "
Obviously you are not an american, because this is completely wrong. People do this all over the world and it is the vast minority. The problem with Americans is that we are too nice to people, and we feel that it is their right to freely talk ***** on us whenever they feel discontent with themselves or their own government. This country kicks ass. I can essentially do what I want when I want to do it. I can go to college on government subsidized money and be guaranteed a job making $80,000k+ per year if I go after a science degree all before the age of 24. Then I can take my new income and purchase land out in the middle of nowhere and live life without being bothered exactly as I want to live it. You don't like America? We are a country where peasants can become kings if they work hard enough for it. I love American, even though like any other country, there are idiots here, primarily consisting of weak minded buffoons like yourself.
I can't wait to see this idiot lose money for court costs.
Retarded is a medical term. Its not like he called him a Butt-tard or a *****-up like I do...
I'm *****ing sick and tired of people saying that Americans are this or Americans or that... AMERICANS ARE ALL DIFFERENT!!!! America has a diverse culture with many kinds of people from all over. Yes, we have our problems, but no country is perfect. SO ***** YOU.
...stop stereotyping America.
As much as I know you could be right, remarks like that piss me off and show just how stupid you are.
That lady must use QJ regularly...most of your guy's comments were rated low. Don't worry; I agree with you guys. 5 *s all around.
I think Rammek was being sarcastic. Or ironic, at the very least. You take the internet too seriously dude.
the PS2 and for all systems for that matter have a warning included in the system manual. so even if the game didn't have a manual the system still had the warning.
WTF? even the ps2 manual has seizure warnings...
this womans going to lose big time
unless the baby was not prepared to be organized to play the spyro game and I have epilepsy small fits but not when playing games as I take tegrital tablets 400g and maybe the baby needs medicine like me until he or she is ready to play a game without problems
equinox was a good spyro company for the same anolog control buttons for spyro but the other companys have changed the button attacks for spyro***** have a good life
I feel bad for the kid and all,but she should know that a siezure would take place in her son.She should no there is going to be alot of movement or noise in the game,expecially if he already had a siezure before then she should of never let him play (any games).