As you may remember, a week ago we reported
that Nintendo was informing Wii owners they could replace the standard straps on their Wiimotes with more robust thicker ones. This was seen by most as a ploy by Nintendo to cover its Mario shaped arse from people hoping to sue.
That ploy, however, appears to be faltering, with Kotaku
reporting that Green Welling LLP has filed a lawsuit on behalf of the owners of the Nintendo Wii. Taken from Kotaku
Green Welling LLP filed a nationwide class action lawsuit on behalf of the owners of the Nintendo Wii against Nintendo of America, Inc., in the U.S. District Court for the Western District of Washington. 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 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.
My gut feeling is that Nintendo could be in a bit of trouble if the case goes to court, as there has been an overwhelming number of people (substitute for idiots) who have recorded themselves smashing up their houses, themselves and each other using the Wii. Expect an out of court settlement; a few lawyers who've probably never even held a Wii controller will get even richer and the rest of the gaming world will carry on as normal.
Should Nintendo be sued for its Wiimote? Let us know in the forums