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Nintendo Prevails in 'Flying Wii Controller' Class Action Lawsuit

By Bruce Carton

The Abnormal Use blog has an interesting post today about a recent decision by a federal court in Colorado concerning people who accidentally throw their Nintendo Wii controller through the screens of their television sets, through windows and so on. For the three of you out there who do not know what I'm talking about, playing games on the Wii, like tennis or baseball, involves swinging the controller like a racket or a bat, and sometimes people lose their grip on the controller. Each comes with a wrist strap that you might assume would keep a wayward controller from flying accross the room into your TV, but that assumption was the hotly-contested subject of the class action litigation in Colorado. In the class action, plaintiffs argued that the wrist straps were inadequate to serve their purpose. On Sept. 23, 2010, U.S. District Judge Marcia S. Krieger, however, granted summary judgment in favor of Nintendo in the case (Elvig, et al. v. Nintendo of America, Inc.). The court rejected the class action's allegations under the Colorado Consumer Protection Act, as well as its claim that Nintendo breached the implied warranty of merchantability and fitness for a particular purpose. Among other things,...

Full post as published by Legal Blog Watch on October 12, 2010 (boomark / email).