What is Digg?106 Comments
- chaoshauk, on 10/12/2007, -2/+58Is it the automotive company's fault when you drive really fast and smash into a tree? no
Is it Bic's fault when you jam a pen in your eye? No
Therefore, is it Nintendo's fault when you smash your hand into a ceiling fan while playing the Wii? NO
GET OVER IT - rmany2k, on 10/12/2007, -5/+60I would give you a dollar if you ever posted one comment worth a *****.
Your bitch attitude just validated this story, by the way. - SOMETHINGWAFFLE, on 10/12/2007, -4/+57"You are completely wrong, if they sell a product and it is reasonable and foreseeable to expect the public will use it in a certain way which poses an unreasonable risk (whether the public is using it correctly or not) they are liable.
e.g. if I run a gun company and I mail free loaded guns to everyone with a warning that says "DO NOT USE THIS GUN -- for collectors only" and someone ends up shooting themselves, 100% I will lose a civil trial."
This is probably the worst and dumbest analogy I've heard. - master_of_fm, on 10/12/2007, -0/+31@anicejew - your analgoy is in no way "reasonable" my wife and I were playing a spirited games of wii sports tennis last night and I managed to whack her pretty hard in the arm with my wiimote. Is this Nintendo's fault? Should I sue them for battering my wife with a wiimote because of a "defective design"? No, i just shouldnt be such a ***** and stand too close to my wife so that i hit her while playing. All this boils down to common sense and personal responsibility, both of which are seriously lacking in today's society.
- inactive, on 10/12/2007, -2/+28Take responsibility for my actions? ***** that, I'm suing.
- phayte, on 10/12/2007, -0/+25> You are completely wrong, if they sell a product and it is reasonable and foreseeable to expect the public will use it in a certain way which
> poses an unreasonable risk (whether the public is using it correctly or not) they are liable.
By that "logic" nothing can be sold because there will always been some way that someone can be a 'tard with some product. But, I'll take your bet. Tell you what ignore all the warnings on a hair dryer, drop it into your bath with you in it, get out of the hospital, and if you win the civil trial I'll pay up. Deal? - crawfishsoul, on 10/12/2007, -0/+24"I sweat a lot"
Best comment of the day. - inactive, on 10/12/2007, -0/+21@anicejew:
It is reasonable to to expect the public to hold on to the damned wiimote and to move the furniture out of the way. - inactive, on 10/12/2007, -1/+19My straps don't show any signs of breaking soon. Yes, we did order those new bigger ones anyways.
I've only let go of the wiimote once... and that was with heavy drinking involved.
Although my roommates & i have hit each other on many occasions - inactive, on 10/12/2007, -2/+19I think the whole broken controller/wii strap issue is a myth.
That or people are incredibly ***** stupid and careless.
I've never once worn that strap, nor have I come remotely close to "losing control" of the remotes. - thebaron2, on 10/12/2007, -9/+25In all fairness, though, straps breaking doesn't have anything to do with furniture being in the way. What should we say to the folks who got shattered TV's cuz the strap broke? You should have moved your television out of the way??
Don't get me wrong, people who lose control of their Wiimotes are tards, IMO, but the "huge, on-screen warning that, before every game, advises you to move furniture out of the way" isn't going to solve the weak strap problem. If everyone was complaining because they knocked lamps, etc... over then this would apply, but not to broken straps.
This'll probably get dugg down because it isn't 100% pro-Nintendo but I calls em likes I sees em. - jdstorer2, on 10/12/2007, -1/+16@anicejew
Your argument breaks down because Wii's are not free. Wii's are purchased, which means a user choose to subject themselves to strenuous (well, not really, more like just a little) activity. And that Nintendo gives that warning before you play makes them not liable, even if you don't read it, because you are choosing not to. - kevogod, on 10/12/2007, -1/+16@anicejew
You wouldn't happen to be a trial attorney, would you? - inactive, on 10/12/2007, -1/+16I sweat a lot, so I threw mine once, but that was straight at the ground and I wasn't wearing the wrist strap so I guess I deserved it.
- Whackly, on 10/12/2007, -1/+16I had a strap that looked like it had some damage on the lanyard part that attaches to the controller. My wife and I didn't use it. We used a lanyard from one of our digital cameras instead. Subsequently my curiousity got the best of me. My wife and I tested to see just how much force it would take to break it. We pulled on it, yanked on it, twisted it. No break. In order to break it I had to loop one end around the doorknob of a deadbolted door. I put a broom handle through the other end and started pulling. The steel tube broom handle kinked. I swapped it for an 18 inch long piece of oak. I pulled enough to think the doorknob was going to break before the wiimote strap finally broke. This wiimote strap breakage problem is B.S. As for innacurate remotes? Screw that. I've not seen even the slightest thing that would make me say the wiimote is "innacurate" or anything close. My ONLY gripe is that the batteries don't last as long in the wiimote as they do in wavebirds. That's a pretty minor gripe.
- ToxicDose, on 10/12/2007, -2/+16Even if anicejew is not a trial attorney, I am, and his statement about the law is accurate in most states; partially. The Wii has a design defect in the strap. They are potentially liable for reasonable damages sustained as a result of that design defect.
However, the evaluation does not stop at whether there is a design defect. If you are voluntarily engaging in a sporting event or other activity that has a risk of injury or damage, then you are deemed to have "assumed the risk" of those injuries or damages that are the natural result of the activity. In assuming the risk, you are then precluded from recovering damages. However, if a product or location unnaturally increases the risk of injury or damage associated with the sport or activity, then you will not be deemed to have assumed the increased risk associated with the product or location.
For example, if you go skiing and fall, injuring yourself because the snow was slippery, then you will not be able to recover, as falling is a natural result of skiing. However, if you fall because the bindings on your skis were to weak and broke, then you are not deemed to have assumed the risk of the weak bindings. You can then recover for your injuries from the manufacturer of the defective bindings.
Using this analogy, playing the Wii is akin to participating in a sport, and hitting your spouse or the ceiling fan are natural risks associated with the activity. You have assumed the risk of those injuries/damages. However, the increased risk of injury and damages associated with the defectively weak strap is not anticipated and therefore may subject Nintendo to liability.
That said, I applaud Nintendo for taking steps to resolve the defect, which is the right thing to do, and I think the the people that are filing the suits are just whiners. - freff, on 10/12/2007, -1/+11"Wiimote Throwers Are Babies"
No, they're just retards that probably need someone to dress them in the morning. That's all. - EtherGnat, on 10/12/2007, -0/+7By anicejew's standards Spalding, Louisville Slugger, and Schwinn would be liable for billions in damage.
- D34DC311, on 10/12/2007, -0/+7LOL, the Wii really does show you how alot of gamers are pussies. My friend said the words "the wii sucks cause my arm was sore after playing it for 2 hours". I wanted to punch him in the face. Let me say one thing to games, cause I game ALOT. If your ass cant play the Wii for more than 2-5 hours while standing up. Then you need to get off your lazy asses and exercise.
- Tarmas, on 10/12/2007, -0/+6Direct link to Pogue's post:
http://pogue.blogs.nytimes.com/2006/12/28/28pogue-email-2/ - DoctaStooge, on 10/12/2007, -0/+5@ anicejew
"You are completely wrong, if they sell a product and it is reasonable and foreseeable to expect the public will use it in a certain way which poses an unreasonable risk (whether the public is using it correctly or not) they are liable.
e.g. if I run a gun company and I mail free loaded guns to everyone with a warning that says "DO NOT USE THIS GUN -- for collectors only" and someone ends up shooting themselves, 100% I will lose a civil trial."
It's not reasonable and foreseeable to send out guns in the mail for free since some people who would get them could be murderers. Your argument makes no sense. Is it "reasonable and foreseeable" for someone to spill coffee over their lap because they don't have a hand on the cup that's sitting in their lap? No it is not, but McDonald's still got in trouble for this. That's why they now have the "Warning: This container holds a warm beverage" label. If you put a label on something and someone choses to ignore it, you should not be held liable. - imtigger2, on 10/12/2007, -3/+8@ anicejew
Are you my ex biz partner? You sure as hell sound like him. He as well is a full-of-himself, know-it-all ASS who reads way too many comic books, and becomes an "instant expert" on anything he reads in the paper, hears on the radio, or see's on C.S.I. (or other show).
Pull your head out of your ass, please. Get a life... go outside a bit, will ya? Looking up a woman's name in an old McDonald's case on the web is not the way to live your life. - And0, on 10/12/2007, -0/+5It seems like Nintendo would have been better off not including straps at all. Then when people threw their controllers all over the place, they'd have no one to blame but themselves.
- datastorageguy, on 10/12/2007, -0/+5Completely and utterly idiotic to think that a company can be held liable for the stupidity of it's customers. Selling a product that malfunctions or has an inherent defect or dangerous result (such as a real oven for 5 year olds to bake cookies that heats to 350 degrees and can cause burns...you get my drift) would result in the liability of the company.
Someone tripping over furniture while using a wii and sueing Nintendo for injuries is ridiculous and I pray to God that no civil court would allow any damages to be paid. - OmniMe, on 10/12/2007, -2/+7for those who didn't get it...
http://digg.com/videos/gaming/By_Far_The_Funniest_Cracked_Out_Nerd_Waiting_Inline_For_Nintendo_Wii - inactive, on 10/12/2007, -0/+5@anicejew "None of you are actually paying any attention to anything I said."
Thats coz you're a stupid ***** little prick!
Don't you ever wonder why EVERY one of your comments in EVERY digg story is dugg down to the bowels of the earth! - Anth, on 10/12/2007, -2/+6How about not swinging at the TV dumbasses?
I have a 61" DLP HDTV. I make sure that when I'm bowling, my swing does not aim at the TV. It aims at the wall next to it. So if I were to both somehow let go of the remote AND the strap break (I've never even let go of the remote, let alone had a strap break), I'd just have to repair my wall instead of spend $1000 on a new lenticular screen for my TV. - NinjaBoy, on 10/12/2007, -0/+4I had a friend break one of the straps...but lots of beer was involved. The straps are very weak, If you throw it hard enough to loose your grip then your throwing it hard enough to break the strap. But Nintendo got right on it and gave me replacements for free, so i cant really complain.
As for hitting people, Isnt that part of the fun?? And as for lamps and chair and such well if you wouldn't swing a real bat there you probably shouldn't be swinging a virtual one. I just do the twisting motion the do on screen and if i a wall or chair is there, i move. problem solved. - Zzyw, on 10/12/2007, -0/+4Why is everyone quoting anicejew? It kind of defeats the purpose of blocking trolls if I still have to read their annoying comments anyway:(
- jamesey, on 10/12/2007, -1/+5I wouldn't say wiimote throwers are babies. I would deem them uncoordinated.
- Sp0rAdiC, on 10/12/2007, -0/+3I wore it for the first hour but then I got annoyed by it. When anyone else plays it, I make sure they wear the strap. So far the only thing I've done is punch my ceiling while bowling. Oh well.
- dknighton, on 10/12/2007, -0/+3I'm sick of hearing from anicejew. I'd really like to know where ***** weighs in on this situation.
- haggie, on 10/12/2007, -1/+4the wii should come with a built-in video camera with a direct feed to YouTube for uploading the video of fat, spastic virgin geeks injuring themselves with even the minor movements the wii requires.
Expect Video Titles:
-fat geek falls and destroys coffee table
-fat geek puts head thru television
-fat geeks slips, needs surgical removal of wii controller from rectum
-fat geek moves off couch for first time in years, pulls hamstring - broh, on 10/12/2007, -1/+4Throwers are uncoordinated, but the complainers are babies.
It's just ludicrous how much people are willing to blame others for their stupidity. - dknighton, on 10/12/2007, -0/+3Jesus Christ! I can smell that guy's funk through the screen!
- nmaster64, on 10/12/2007, -0/+2You are not legally correct, unless you have a court case pertaining to the Wii to back that up.
Personally, I don't find it reasonable or foreseeable for Nintendo to have predicted the mass stupidity of the American market. I knew it would happen, but I never imagined this scale, and I'm sure they didn't either. They put warnings on EVERYTHING.
The fact remains: if you read the instructions and pay attention to the warnings, that is, IF YOU USE THE DEVICE PROPERLY AND ARE NOT A COMPLETE MORON, you will not experience any problems. Thus, Nintendo is NOT liable. They covered their bases IMO. - ionbattle, on 10/12/2007, -0/+2I was in your shoes, till my friend was playing bowling and the wiimote flew out off his hands and put a hole in the ceiling...it can happen...and it will happen...eventually.
- DeepDoo, on 10/12/2007, -1/+3Forget the WiiMote, who do I sue over my Guitar Hero injuries? I have mosh neck, I can't hardly type with my left hand because its sore, my right thumb doesn't work quite right, and I got my hair caught in the fan. I have emotional damage from three different sources. My wife is mad at me because I play so much, I cannot get over 3 stars on most of the songs on the hard level no matter how hard I try, and I like Fender guitars, not Gibsons. Plus they owe me a new guitar controller because I smashed mine up Peter Townsend style.
/sarcasm
Seriously though, who sues because they got hurt playing a video game? Whats next, someone sues their country club because they got hurt playing tennis or golf? - b04155, on 10/12/2007, -0/+2@master of fm
so the excuses go from falling down the stairs to getting hit by a wii remote. whatever makes you feel better wife beater..
/just kidding - heysuburbia, on 10/12/2007, -0/+2I'm the "One enterprising blogger" that they link to in the article.
I've been offered TONS of free fitness equipment since starting the "Wii Sports Experiment", the results are going to be amazing. I was sent a calorie counter, that will provide accurate readings per game. - jacobmiller, on 10/12/2007, -0/+2Good point, I'm suing my tennis racket manufacturer, they don't even provide ANY strap. Totally took out my doubles partner the other day.
- jaycliche, on 10/12/2007, -1/+3It's like suing baseball manufacturers.
- Frankie4Fingers, on 10/12/2007, -1/+3@anicejew
You are an idiot. So you are saying that if I can't hold on to a controller it is Nintendo's fault? You are saying that when they made a game where you fake bowling or playing tennis that they thought people would be stupid enough to do it under a ceiling fan that was on or do it with an infant in front of them or something? Come on, there is no liability on their part. That is the whole reason (to try and salvage some of your analogy) gun manufacturers have not been found liable for someone taking a gun, that is made for the purpose of recreation, and shooting someone instead of a deer. It is because the manufacturer does all they can to prevent people from acting stupid and doing something dumb.
Just like Nintendo even putting on a strap. They put the strap to attempt to help people from letting go of the controller. They didn' t do it so people can test the limits of the strap and let go of the controller over and over again to see if it fails. If you hold on to the remote and it just happens to come out of your hand, the strap will catch it, because at that point you tried to stop it and it just barely got out of your hands. On the other hand, if you miss-use the product and let go of the controller and swing your hands with no hand on the controller or put it into the hands of a little kid who doesn't have the ability to hold on to it, then it is not Nintendo's fault.
Use it responsibly. - ionbattle, on 10/12/2007, -1/+3hohohoho you're talking about SEX *giggle*
- Nerevar, on 10/12/2007, -0/+1It seems like the injuries and damage comes from people who are trying way too hard when they play. I watched a video of some guy breaking his strap during tennis, but he looked like he was on the verge of throwing his arm out trying to get it to break. These people are "serving" way harder than you actually do in real tennis! (I used to play quite a bit).
As long as you don't act like a complete fool while playing, chances are your strap will not break! - championchap, on 10/12/2007, -0/+1The muscle ache thing is a valid one i guess.. I know for a fact that since christmas my arms have been hurting.
But blame that on excessive Wii.. something like 9-14 hours per day since christmas.
God, if i were playing with a gamecube control pad for that ammount of time all of a sudden then my thumbs would hurt.. but nobody is going to complain about the 360 making their hands hurt now are they? - cstrippie, on 10/12/2007, -0/+1@anicejew (as if)
I studied law in California.
You are not dugg down because you are wrong, you are dugg down because you are an ASS. Not to mention an embarrassment to Jews who actually *are* nice. - ericeman, on 10/12/2007, -0/+1I heard someone make this little comparison: baseball bat manufacturers don't get in legal trouble when someone tosses their product on accident toward the pitcher's mound (at which point a worse situation arises than a broken TV) why should Nintendo get in trouble when someone lets go of their product. They've even lessened the chances of an accident by securing the thing with a decent wrist strap. I wouldn't say the wrist strap is going to last forever but it should protect against 2 or 3 times when the Wii-mote falls out of your hands.
The people complaining are people who probably weren't using the product correctly. - wjglenn, on 10/12/2007, -0/+1Seems a little bit of white sports tape on the sides and problem solved. :-)
I'm the first to admit I don't know the math involved, but maybe someone else here does. If exerting, say, 250 lbs of pressure on a strap by pulling on it directly can break it, how does this translate to the centrifugal force generated by a 10-year-old that thinks he's Barry Bonds? How much does it take to generate that same amount of pressure by swinging the Wiimote? - RedXlll, on 10/12/2007, -0/+1Damn straight!
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