Nintendo hit with class action lawsuit for "defective" wrist straps

It's all fun and games until somebody busts out a class action lawsuit. We were all enjoying thwacking each other in the face and busting up our televisions so very much that it looks like nobody thought to start any profiteering on this whole Wiimote weak sauce wrist strap meme -- until now. Those clever cats over at Green Welling LLP slapped Nintendo with a lawsuit citing "Nintendo's failure to include a remote that is free from defects" as a "breach of Nintendo's own product warranty." Apparently the nefarious straps were engineering the whole thing, since GW LLP claims "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." Given the fact that the basic premise of these claims is a tad bit off (we're fairly certain those straps have been breaking after the Wiimote leaves the hand) and that Green Welling's main demand from Nintendo is that they replace the straps (done and done), we can't see this lawsuit getting too terribly far, but we suppose we'll have to wait and find out.

[Via Slashdot]

[Nathan @ Dec 19th 2006 6:15PM]

GAH! I'm hate that picture of the swollen eyeball.

"Let's just say that my eyes are swollen."

[Wick3d GooSe @ Dec 19th 2006 6:16PM]

What a bunch of dumbass people. Nice black eye. Congratulations for being a dumbass and hitting yourself with the Wii-mote. All those people are trying to do is...

I'm gonna sue, sue
Yes, I'm gonna sue
Sue, sue, yeah that's what I'm gonna do
I'm gonna sue, sue
Yes, I'm gonna sue
Sue, sue, yeah I might even sue you!

Weird Al Yankovic - I'll Sue Ya

[humpty @ Dec 19th 2006 6:16PM]

aahahahhahaaa.. NintenPWNED!

[Steve @ Dec 19th 2006 6:19PM]

Might have to get in on that....

[cristian f. @ Dec 19th 2006 6:19PM]

yeah:

Guy: "I was playing without letting the Wiimote go away from my hand, but suddenly, the wrist strap broke!! Out of nowhere, I just couldn't... cou... Oh gosh this is so traumatic..."

Attorney: "It's all right, tell us more what the big N has caused you..."

Guy: "Well, the wrist strap broke, so I didn't know what to do! The only thing that came to my mind was to hit my wife in the eye, broke my knee and arm, and then cut my hand with my pocket knife, and then the Wiimote crontroled me and made me trew it to my TV... I don't know what to do now..."

Attorney: "So, you are saying that the Evil Wiimote made you do all this? And you never swang the Wiimote in the air like a nuts al let it go with so strong that flew across the room to end up in your TV?

Guy: "Yes, what I've just told is what happened D:, I never let the Wiimote off and play without thinking"

Attorney: "Thanks"

[Congrats Engadget @ Dec 19th 2006 6:22PM]

Well you can pat yourselves on the back Engadget for being the main source of all the hoax stories.
MS is proud of you. Can't run this photos enough can you?
You should be ashamed of yourselves Engadget for putting fuel on this fire.

Btw that black eye is photo-shopped.....already proven, but that doesn't matter here does it?

[Veritas II @ Dec 19th 2006 7:03PM]

Welcome to the Blogosphere. Remember when this started? Let me give you a hint, it was when Engadget started playing "Stir Up the Fanboys" with Microsoft and later Sony fans. Now it's Nintendo's turn, unfortunately.

[CTG @ Dec 19th 2006 6:26PM]

How many times do I have to look at that freakshow, Engadget?

[Richard Vialoux @ Dec 19th 2006 6:32PM]

seriously the Wii doesnt EVER tell you to throw your wiimote like a baseball. your wiimote should NEVER leave your hand, and if you are stupid enough to hit your little brother in the face with a wiimote, you could just as easily do it with anything..

[Ihar `Philips` Filipau @ Dec 20th 2006 3:24AM]

Well that's common sense to gadget-aware geeks. But for normal people we are like loonies living two lifes: one outside and one inside of our computers and insides.

My parents precisely cannot grasp all the gadgeterry because hardest part of it is "... try to imaging that you ..." - we used to that another dimension. But most people cannot do that and their minds are ... single threaded. ;-)

IOW, for normal guy, if he thinks he is throwing bowling ball - he would be really throwing anything in his hand.

No, Nintendo isn't guilty. It's just they didn't seem to have pilot/test the wiimote with normal people in normal living conditions - but (sadly, as usual with gaming companies) with some loony hard core Zelda/Mario freaks. Do you expect the later to ever let something as precious as Nintendo's new generation controller to leave their hands?????

[buddy @ Dec 19th 2006 6:32PM]

i think we should call the mythbusters.

[narco @ Dec 19th 2006 6:34PM]

There's one good thing about being a human: cuts, swollen eyes and bruises all heal.

I just have two questions: what do these people think they're accomplishing, and how does this ambulance-chaser of a lawyer sleep at night?

Fishes,
narco.

[Kiteless @ Dec 19th 2006 6:37PM]

Uugh.. Please stop showing this image. The swolen eye with the smile and the knee with the nasty bulge really makes my stomach turn.. YUCK.

- K

[kitt2112 @ Dec 19th 2006 6:45PM]

HA HA HA SUCKERS! Thats what you get when Nintendo makes a cheap $200 system, cheap parts.

[Ihar `Philips` Filipau @ Dec 20th 2006 3:29AM]

You 100% RIGHT!!

Sony cares about about our health and wellbeing - so they didn't release PS3 in Europe AT ALL!!!! Bravo Sony!!

Nintendo - you suck!!! What are you trying to pull??? Cheap tricks to expose people all time protected by four walls to real world experiences like sports??? THAT MUST BE STOPPED!!

[derek @ Dec 19th 2006 6:49PM]

How the HELL do you break your knee with a REMOTE!!!!
And they can't proove the Wii did that... so... they cant have a case for injury.

[OM @ Dec 19th 2006 6:52PM]

Class action lawsuits are a joke. All the lawyers get millions of dollars from it, and if they end up winning, we all get 23 cents.

[Kevin @ Dec 19th 2006 6:58PM]

More like defective users.

[John B @ Dec 19th 2006 6:59PM]

F**king layers. William Shakespeare was so-o-o-o right.

[scott @ Dec 19th 2006 7:08PM]

OMG PEOPLE STFU! Engadget compiled those pictures together because you have to have picture with the story. Those people aren't necessarily suing. If the 1st one isnt photoshop, the girl's bf elbowed her while playing wii sports. the 2nd (knee) happened because the girl was playing in heels and slipped while trying to bowl. idk about the other two, but all you guys have to do is read old engadget stories. jeez you guys complain about everything.

[Phylos @ Dec 19th 2006 9:15PM]

The knee was proven fake. the injury was real, but the cause was not a wii. Take a look at http://wiihaveaproblem.com/ this is the source of all the pictures. In the main picture that shows the paramedics looking at the knee, you can clearly see that the wii is photoshopped into the cart as well as the screen being superimposed with the wii sports screenshot, they are supposedly playing tennis. The scale and angle of the wii are not right for it's position and the grain of screen does not match the grain of the rest of the shot. It's too clear!

[Jon Shipman @ Dec 19th 2006 7:21PM]

Man, with these law suits I think I'm gonna grab a golf club and beat someone to death then sue Callaway Golf because the club slipped from my hand.

[js @ Dec 19th 2006 7:27PM]

While we're on this issue, let's sue Sony for making a product that causes people to murder and commit crimes.

[JasonBB @ Dec 19th 2006 7:54PM]

Hey, "Last Week" just called and wants his news back: Nintendo Recalls Defective Wii Wrist Straps After Class Action Filed by Green Welling LLP @
http://blog.americasnewstoday.com/2006/12/16/nintendo-recalls-defective-wii-wrist-straps-after-class-action-filed-by-green-welling-llp.aspx

[bsm0f0 @ Dec 19th 2006 8:03PM]

I have a Wii ... in order to "break your strap", you pretty much have to be a fucking spaz on crack or have sweat glands the size of fucking jupiter ...

There are warning screens/labels/pages/information everywhere ... Is it just me, or are we (Americans) the only ones stupid enough to bust an eye or break a TV? I don't see anything coming out of Japan or the UK ... /sigh

[SOCOMRAIDER @ Dec 19th 2006 11:10PM]

That is because us Americans have burger and fry grease on our hands when playing our Wii. We play the Wii as an excuse for exercise after a double quarter pounder (Royale with cheese (for all you metric people) - Pulp Fiction) from McDonalds.

But that doesn't account for everyone. The other part of the accidents are from ADD/ADHD fools. Who are over zealous in their playing technique.

Or it is from just plain retards who can't show no restraint/control and/or follow the many warnings/directions before EVERY game starts.

Some of the morons get hurt and want to express themselves and sue.

[yooper1019 @ Dec 19th 2006 8:21PM]

Nice Life!!! err Lives!! Mark my words, the next class action Nintendo will get hit with is going to be from all the fat asses that have heart attacks from the exercise they "accidentally" do while while playing their Wii.

[VelkyMX @ Dec 19th 2006 8:23PM]

Can we sure the people suing for being morons?

[chenry @ Dec 19th 2006 8:26PM]

Ok. Given the number of Wii units out there, how many actual accidents are we having? Very few. This is pure opportunistic behaviour from a bunch of laywering jerks.

[Shelterpaw @ Dec 19th 2006 8:30PM]

These people suck! They should be given dumbass awards. They're just greedy POS's.

[David Fox @ Dec 19th 2006 8:35PM]

I sent that law firm an email telling them what I thought of their class action. I would hope that those of you who feel that this lawsuit is ridiculous do the same.

[dx @ Jan 7th 2007 9:39PM]

yooper1019 "Mark my words, the next class action Nintendo will get hit with is going to be from all the fat asses that have heart attacks from the exercise they "accidentally" do while while playing their Wii."

Best post today! And sadly very true. Shakespeare (in Henry VI) was right indeed!

[Liqwid @ Dec 19th 2006 9:03PM]

Nintendo won't lose this case.
First, they have warnings everywhere, telling YOU not to be an idiot.
Secondly, they've already beefed up the wrist strap before this law suit was announced.
Thirdly, it's Nintendo. Have they ever lost a case before?

[Geoff @ Dec 19th 2006 9:06PM]

BAAAHAHAHAHAHA AAAAHAHAHAHAHAHA :'-p OMFG this is hilarious. Watching all you corporate and/or Nintendo fanboys have a brain aneurysm over this story? Your frustration is comical. You're so pathetic it's hilarious. :D

Ironically I'm watching the Harvey Birdman episode about the frivolous lawsuit (called Devlin Made Me Do It IIRC). Thanks for being such an entertaining freak show you stupid clowns. :p

[Diddle @ Dec 19th 2006 9:18PM]

Nintendo should point out the fact that it says in their manual to maintain a good grip on the controller.

Way to go on perpetuating the American motto; If you're incompetent, SUE!

Guns don't kill people, PS3 owners do. ;)

[pvilleSE @ Dec 19th 2006 9:38PM]

Where does the manual say to let go of the wiimote, the strap can't break if no tension is put on it. Idiots!!!!!!!!!!!!!!!!!!!!!!!!!!!! I for one love playing my Wii.

I thought the strap was more purposed like the strap on my camera if I let it drop it doesn't smash into the floor, I have had no problem holding onto it.

[Tom @ Dec 19th 2006 9:44PM]

This class action will most likely not be certified. You basically have to meet two certain requirements to be certified. They have probably met the first (lots of possible problems, all of the problems stem from the remote, etc) but they probably won't be able to show that the class action solution is superior to other options--namely Nintendo voluntarily recalling all straps prior to this lawsuit.

Besides, Nintendo has lawyers too and they're gonna go over this complaint with a fine tooth comb.

[Ben @ Dec 19th 2006 10:05PM]

I am pretty sure that Nintendo claimed you can use the Wii with full functionality by small wrist movements. No rabid swinging necessary.

[tekdroid @ Dec 19th 2006 10:46PM]

So, if we can re-cap:

Nintendo: 1
attention-seeking and/or money-hungry losers: 0

[Ryan @ Dec 19th 2006 10:52PM]

Typical, people are with out a doubt, the stupidest race. Lets sue someone else for our own stupidity and ignorance! I hope they lose there case.

[engadgetier @ Dec 19th 2006 10:56PM]

I think people who plan this lawsuit and make claims about injury and faulty Wiimotes are f**king dumbasses. There is no need to use so much force in a video game to break the strap or who would be dumb enough to throw their Wiimote to someone's eye or another child? I know, a dumbass.

[Greg @ Dec 19th 2006 11:43PM]

Congrats: That particular black eye photo isn't photoshopped. There was one of a man who was proven to be as such.

The dislocated knee, however, has nothing to do with this story. That wasn't the fault of a broken strap, that was the fault of a girl using unnecessary movements while wearing too-tall heels. It shouldn't be in the graphic.

[Geoff @ Dec 20th 2006 12:05AM]

http://www.frobba.com/main.asp?article=327

There's my thoughts right there.

[remymtn @ Dec 20th 2006 12:22AM]

So should I sue if my tennis racket, baseball bat, or golf club flies out of my hands while i'm playing? Come on people be realistic here! These people are idiots! similar to those who waited days for a PS3 only to sell it for a few hundred bucks on ebay!

[Eric Leung @ Dec 20th 2006 2:52AM]

no matter which way you throw your controller you cant possibly cut yourself with it... its blunt...
you cant break yoru arm... cuz if you threw it away from you itd break something AWAY from you instead of your own arm... but then again people are stupid and probably hit a bookshelf and broke their arm
and black eye... uh.... you got so into the boxing game you just had to sock yourself didnt you? or you threw it up into the air and stared at the wiimote come at you
and the other pic... im not even sure what happened

this is further proof that only smart people play the wii... i think

[Harry Bawls @ Dec 20th 2006 3:23AM]

All these fabricated stories of wrist straps breaking apart hurts my feelings and makes me want to PUNCH Microsoft and Sony in teh crotch for trying to make Nintendo look bad.

[BradeyBond @ Dec 20th 2006 3:46AM]

Geoff: I couldn't agree more. What I'd like to know is why hasn't one of them comment in the last 2 miutes like they usually do?

Come on you retarded fanboy monkeys! DANCE FOR ME! I need *something* to laugh at while at work, goodness knows I'm not allowed to laugh at you while you're in the office...

[Trujillo @ Dec 20th 2006 5:34AM]

every single person injured is a complete and utter retard for not knowing how to hold on to a simple controller, thats all i got to say bout that.

[PeteC @ Dec 20th 2006 5:53AM]

Wow I better this lawyer whose files the suit is rubbing his hands together already. News Flash Mate. You're wrecking the world. Go do something actually productive instead of wasting peoples time and money just so you can make a wedge of cash. Let's face it, you sue and win, Nintendo ends up with less money and will have to charge the consumers nominally more in the future to recopu the suit coests. So effectively you're sueing Nintendo players.

[1337 @ Dec 20th 2006 10:00AM]

Wiitards...