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Nintendo Recalls Defective Wii Wrist Straps After Class Action Filed by Green Welling LLP

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.

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sanfrancisco.dbusinessnews.com
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MicroGamer3870d ago

Then this should also mean that Nintendo is going to be on the hook for damages and injuries from the straps that broke.

kabuukyo3870d ago

Its pretty deceiving that the lawsuit accuses of Nintendo of unfair and unjust practices. Its not their fault that people can't read instructions and hold onto the remote.

shysun3870d ago

Read the article again kidd.The strap broke...it's Nintendos falt.If this was Sony,you guys would have 1000 negative post already!

kornbeaner3869d ago

People are to violent with their wiimotes. We had a wii play-a-thon at work and didn't even use the strap and nothing bad happen. we played it all bowlng, tennis , baseball, boxing , golf and nothing happen. People need to learn not to be so aggersive with their stuff and not want to kill evrything.

FFVIIFan3870d ago

There probably would be a thousand sony bashes if this was the sixaxis. As for the lawsuit, I'm sure their were some dumbasses who used the controller wrong. It'll just come down to the people proving that they used the controller as instructed but still broke.

Torch3869d ago

I reckon that I predicted this a week or so ago in these same message boards...only I didn't expect it to occur so soon.

Slimy, scum-sucking, dirt-bag lawyers. All they're good for is spin-doctoring and sensationalizing what would be otherwise simple and common-sense scenarios (i.e., "Don't catapult the Wiimote like an Olympic hammer-thrower, you morons!")

Even if we're to ASSUME that the straps are indeed defective and break easily, such a fact would still be a non-issue to me; does that mean that a carpenter who's hammer slips out of his hand because he was wielding it too hard is not liable should the projectile cause damage or injury to his surroundings, and that Stanley Tools is responsible?...of course not!...Because the hammer - not unlike the Wiimote - IS DESIGNED TO BE HELD ONTO, AND NOT LET GO OF WHILE IT IS IN MOTION. Strap or no strap!

You know what I find ironic? Nintendo probably added the strap as a means for preventing (or minimizing) lawsuits just like this very one. I'll betchya that had Nintendo omitted the strap entirely, this bogus lawsuit wouldn't have even occurred, because the clumsy, careless bonehead "victims" and their algae-infested attorneys would be without such a scapegoat excuse (that the strap creates a false sense of security, and other bogus crap like that.)

There. I feel better.

<Sighs and stares into the distance with euphoric grin while fantasizing of an Earth absent of all lawyers and politicians.>

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