Green Welling LLP files lawsuit against Nintendo |
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This next one is about Wiimote straps. You know what, we can give you links after links of the unfortunate accidents that caused a lot of broken TV sets and a swap scheme now being employed by Nintendo. However, we reckoned we don't have to anymore because we are pretty sure you all know (or have experienced) what happened.Anyway, we're bringing up the matter once more because it came to our attention that a certain law firm just filed a nationwide class action lawsuit against Nintendo. Green Welling LLP, accordingly, is suing NoA as result of the defective nature of the Nintendo Wii. On the firm's official site, they mentioned:
Nintendo's failure to include a remote that is free from defects is in breach of NintendoÂ’s own product warranty. The class action lawsuit seeks to enjoin Nintendo from continuing its unfair or deceptive business practices as it relates to the Nintendo Wii.The lawsuit also seeks an injunction that requires Nintendo to correct the defect in the Wii remote and to provide a refund to the purchaser or to replace the defective Wii remote with a Wii remote that functions as it is warranted and intended.
Whoa, hold it right there. Sure, some of the straps may have been defective but are they certain Nintendo would do this on purpose? It would have been less absurd if Nintendo is selling TVs or something. They would ship weak straps so TVs would be broken and in turn, people would be buying new sets.
Sounds silly? Yeah, same here. Welcome to the club. At any rate, the lawsuit has been filed already in the U.S. District Court for the Western District of Washington. We now await NoA's response...
Via ClassCounsel
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Comments [refresh]
nintendo would not make the straps defective on purpose. It's common sense considering that would turn some people off on future Nintendo products.
Nintendo need not have purposely created a design defect in its product to be found liable for violating its warranty. In point of fact, the entire premise behind this area of law is that neither the corporation nor the customer is clearly in the wrong, but damage has been done. Thus, the law seeks to determine who is in the better position to pay for the damage. Trust me when I say that the law of consumer protection is complex, and, despite what you may think, it often runs in favor of businesses. As does the law of mass tort litigation (just ask any of your friends who participated in the joke that was the Apple iPod settlement). That being the said, however, if you had an issue with the Wii strap, you should contact an attorney involved in this suit, or you may be left holding the bag.
All this is, is someone trying to make a quick buck by suing Nintendo. Nintendo put warnings and reminders all over the place about being careful and holding on to the wiimote. Which, if these people would have done, the strap never would have snapped to begin with.
And that bit about you not being able to use the Wii without the strap? Oh please. I browse the menus and play Zelda all the time without the strap on. Guess what? I've had no problems at all using my Wii as intended.
The fact is that these people were using needless force when swinging/using the wiimotes. It's not Nintendo's fault by any means. However, they have already tried to fixed the issue as much as they can - and for free, I might add.
People are always just trying to get something for nothing. If anything, someone should sue Sony for their PS3s overheating which actually does screw up gameplay/system use. Perhaps there already is a lawsuit over that. If not, maybe someone reading this will jump on the sue people bandwagon and do it!