Nintendo has announced a replacement program for the defective Wii remote wrist straps. Nintendo's announcement follows the December 6, 2006 class action filed in federal district court in Seattle, Washington which requests that the defective parts be replaced. It also follows about a month of increasing reports posted on the internet of damage and injuries resulting from the defective strap. Green Welling LLP, of San Francisco, California along with Siebken & Siegele of Austin, Texas and Short, Cressman & Burgess of Seattle, Washington, filed the 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 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. The fun stops when the Wii remote smashes through the beautiful plasma television hanging on the wall, or when someone is injured by the flying remote. Nintendo's failure to include a remote that is free from defects is in breach of Nintendo's own product warranty, according to Robert Green of Green Welling.
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.