Yet another Wiimote strap story taken overboard. Although Nintendo outlines how to use the Wii controller someone will find a way to ignore instructions and hurt themselves.
Apparently, the instructions are not fool proof and the result is injury. Just when you create a fool proof product someone goes ahead and creates a better fool.
"The class action lawsuit arose as result of the defective nature of the Nintendo Wii. In particular, the Nintendo Wii game console includes a remote and a wrist strap for the remote. 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."
The statement "Nintendo's failure to include a remote that is free from defects is in breach of Nintendo's own product warranty" is very vague in nature. Typically, from what we've seen in class action lawsuits these type of class action defects only make a "win" for the consumer when the original designer knew of the defect but shipped the product anyway.
What exactly is a defect in this case? Perhaps the real defect is the manual which failed to state "do not act like a total n00b with our remote or we will label you a clamtard and require you to take special courses on the use of our product."
Nintendo created a product that they thought was defect free - and in reality this "defect" is more of an "enhancement request" which Nintendo has already published in an announcement saying they'll replace your strap for free if you contact them. Isn't that good enough?
Maybe it would be in our best interest to file a class action against Epic for Gears of Wars networking, Ubisoft for Rainbow Six: Vegas voice transmission issues and glitches in network play, Activision for CoD3's connection problems and PlayStation 3's network patches available on launch?
source:
kotaku.com
classcounsel.com
