Nintendo Wii injury - UPDATE

[terry714_us]

I would like to update a previous Thread I posted a few months ago about an injury received from playing the Nintendo Wii game system. First I would like to inform all that life has not been any easier for me being a single father raising 2 kids. I'm still unemployed and am having to struggle week to week to make ends meet. I am scheduled to see an Orthopeadic Surgeon in April.

As for Nintendo it looks like they have revised the general warning both on their site and also in future manuals because it seems that I'm not the only person getting injured. So I e-mailed the legal department explaining that if they would modify the joystick so that it makes a hard snap when an object is similularily struck that this would help tremendously relieve most injuries. HOW? Well the body learns how to compensate action with reaction. For example we learn to hit a baseball with the correct weing and our muscles act in a vigorous manner so that the impact of the object is as powerful as needed to send the baseball 300 or 400 feet. But just after the ball is struck our muscles immediately relaxes as to not cause injury. This is where the Nontendo Wii lacks the design flaw. Shouldn't there be a contact resistance?? Is this becoming a growing epidemic? In the 1980's Nintendo had to pay out over $80 million dollars because the joysticks were causing injury to childrens hands. Let's fix this problem before it becomes too costly. I have sent in a suggestion of how the joystick should be designed and hope it will help.

 

[Zigner]

I would like to update a previous Thread I posted a few months ago about an injury received from playing the Nintendo Wii game system. First I would like to inform all that life has not been any easier for me being a single father raising 2 kids. I'm still unemployed and am having to struggle week to week to make ends meet. I am scheduled to see an Orthopeadic Surgeon in April.

As for Nintendo it looks like they have revised the general warning both on their site and also in future manuals because it seems that I'm not the only person getting injured. So I e-mailed the legal department explaining that if they would modify the joystick so that it makes a hard snap when an object is similularily struck that this would help tremendously relieve most injuries. HOW? Well the body learns how to compensate action with reaction. For example we learn to hit a baseball with the correct weing and our muscles act in a vigorous manner so that the impact of the object is as powerful as needed to send the baseball 300 or 400 feet. But just after the ball is struck our muscles immediately relaxes as to not cause injury. This is where the Nontendo Wii lacks the design flaw. Shouldn't there be a contact resistance?? Is this becoming a growing epidemic? In the 1980's Nintendo had to pay out over $80 million dollars because the joysticks were causing injury to childrens hands. Let's fix this problem before it becomes too costly. I have sent in a suggestion of how the joystick should be designed and hope it will help.

Again, YOUR misuses of a game system doesn't make Nintendo liable. There are MILLIONS of people who DON'T get injured hitting an imaginary ball...

 

[ecmst12]

You should have posted this in your first thread. You're still not getting any money from nintendo. You failed to follow instructions.

 

[Dougthegreat]

the body learns how to compensate action with reaction.

Exactly, which is why your case has no chance.

When I play Wii Baseball, of COURSE I don't swing the remote the same way I would a bat. When I play Wii Golf, I don't swing anything like the way I do when I play real golf. They're games, not simulators.

If you play the game for any amount of time, you start picking up on which motions work, and which ones don't - a prime example of your body 'learning' to react. For example, I found that I could improve my Wii Bowling score by 50-60 points by flicking my wrist sideways and not doing a sweeping follow through. You apparently ignored these cues.

By arguing the "action with reaction" argument, you are essentially telling the court that A) You were too dense to pick up on the physical cues your body was sending you that it was fatigued/hurting, or B) You were dense enough to think that you were supposed to handle a few-ounce Wiimote the same way as a baseball bat that is at least six times the length and fifteen times as heavy. Either way, Nintendo can show that most people, most of the time do not suffer injuries, and can use your own argument against you. Saying that Nintendo should be held liable for your injuries is akin to a guy shoving the Wiimote up his butt and then claiming it was Nintendo's fault for designing the Wiimote to hurt him like that.

For example we learn to hit a baseball with the correct weing (sic) <blah de blah de blah>

Yes, but to do so, we make mental assessments of the force and motion required based on sensory inputs - almost all of which are absent/different when playing Wii Sports.

This is where the Nontendo Wii lacks the design flaw.

How classic. You can't even keep your argument straight. Now the "Nontendo (sic) Wii lacks [a] design flaw"?!?

Is this becoming a growing epidemic?

I'm with you on this one. I have definitely seen an increase of epidemic proportions of dumb people as I have gotten older.

... but no. This is no more of an "epidemic" than the people who threw the Wiimote through their nice plasma televisions. And you know what the cure for that was? Nintendo (and many, many blogs) reaffirming that you should wear the wrist strap - just like they tell you to in the manual, and when each game loads!


Also, saying that it's Nintendo's fault that you're "still unemployed" is disingenuous at best. I've met people who have MS degrees from Ivy League schools (and coincidentally DON'T get the crap beaten out of them by a video game console) who can't find work!

I have sent in a suggestion of how the joystick should be designed and hope it will help.

Wowee. Perhaps you should put those awesome engineering skills into finding employment.

 

[You Are Guilty]

I had to go back to find the OP's original post to make sense of this. All I can say at this point is to please post back when this lawsuit of yours is finally over, if only to let us know whether Nintendo's motion for sanctions for filing a frivolous case was granted. Thanks.


PS: Thanks for this month's new sig

 

[>Charlotte<]

What single father of two boys has time to play enough Wii to get a stress injury?!

 

[mdrummer5]

I would like to update a previous Thread I posted a few months ago about an injury received from playing the Nintendo Wii game system. First I would like to inform all that life has not been any easier for me being a single father raising 2 kids. I'm still unemployed and am having to struggle week to week to make ends meet. I am scheduled to see an Orthopeadic Surgeon in April.

As for Nintendo it looks like they have revised the general warning both on their site and also in future manuals because it seems that I'm not the only person getting injured. So I e-mailed the legal department explaining that if they would modify the joystick so that it makes a hard snap when an object is similularily struck that this would help tremendously relieve most injuries. HOW? Well the body learns how to compensate action with reaction. For example we learn to hit a baseball with the correct weing and our muscles act in a vigorous manner so that the impact of the object is as powerful as needed to send the baseball 300 or 400 feet. But just after the ball is struck our muscles immediately relaxes as to not cause injury. This is where the Nontendo Wii lacks the design flaw. Shouldn't there be a contact resistance?? Is this becoming a growing epidemic? In the 1980's Nintendo had to pay out over $80 million dollars because the joysticks were causing injury to childrens hands. Let's fix this problem before it becomes too costly. I have sent in a suggestion of how the joystick should be designed and hope it will help.

Normally I try to maintain professionalism when responding on these forums.

but...

Dude! Seriously? Let it go! You've made three threads about this...and have gotten the same reaction each time. I DARE you to find an attorney to take this case...I just beg that you post again once it's all said and done for a few reasons...

First, I bet you'll have a hard time convincing even an ambulance chaser to take the case. Secondly, if you do think about it...jurors and judges are people just like the ones you're pleading your case to here and the consensus if you haven't noticed is one questioning your intelligence and literacy.

Lastly...IF by some miracle you manage to get Nintendo to settle with you you'll be ranked right along with the old lady that sued McD's for spillling coffee on her crotch which I'm sorry was just stupid and the guy that sued McD's claiming they made him fat (not sure how that turned out).

My back hurt after the first time I played Wii sports because I swung like I was swinging a real bat...you know who's fault that is? Mine...it's called personal responsibility. Stop trying to point the finger at Nintendo, accept the fact that YOU made an error, and move on.

 

[terry714_us]

Yes i have an attorney

Actually I do have a firm in Palm Springs that is arguing design flaw. You guys need to understand in the 1980's Nintendo had to pay out $80,000,000.00 because the joysticks were cutting kids hands. And I have researched this case and it also sounded rediculous. I mean these kids were playing the game very aggresively but the company still had to pay out..

 

[cyjeff]

Actually I do have a firm in Palm Springs that is arguing design flaw. You guys need to understand in the 1980's Nintendo had to pay out $80,000,000.00 because the joysticks were cutting kids hands. And I have researched this case and it also sounded rediculous. I mean these kids were playing the game very aggresively but the company still had to pay out..

The company didn't get CLOSE to paying out eighty million.

from Nintendo offers glove to prevent joystick injuries - CNET News...

As of December 1999, about 1.15 million copies of "Mario Party" had been sold in the United States, according to the AG's office, which estimated the offer could cost Nintendo $80 million if every consumer takes advantage of it. The actual cost is expected to be much lower, however, as fewer than 100 parents have complained directly to Nintendo since the game went on the market a year ago.

and here... Nintendo Issues Game Gloves - News at GameSpot

 

[TheGeekess]

I had to go back to find the OP's original post to make sense of this. All I can say at this point is to please post back when this lawsuit of yours is finally over, if only to let us know whether Nintendo's motion for sanctions for filing a frivolous case was granted. Thanks.


PS: Thanks for this month's new sig

I finally made a sig!! WooHoo!

 

[terry714_us]

Check this out

Lawsuit On Nintendo for The Ill Effects of Wii Play Station
newsblaze.com — Michael Torchia's mission is to have Nintendo pull their Wii games off the shelves until they make important changes to their products. People around the World are sustaining serious injuries due to the lack of proper warnings on their products and Torchia is taking a stance to ensure that people are aware of the potential dangers.

There are growing concern for this game and obviously I'm not the only one that has this concern

 

[CourtClerk]

What single father of two boys has time to play enough Wii to get a stress injury?!

Single, UNEMPLOYED father of two boys.... less time on video games, more time on job searching.

 

[HomeGuru]

There are growing concern for this game and obviously I'm not the only one that has this concern

**A: ok, sue for 1.2 million. When you get it, post back with subject thread Won Nintendo Suit, WEE!

 

[ErinGoBragh]

There are growing concern for this game and obviously I'm not the only one that has this concern

I would not put any stock in an article that doesn't even have proper punctuation.

There's inherent risks to lots of things: for example, skiing. But you don't see skis getting pulled off the shelves, do you?

Wii is a huge success, and more importantly, a big money maker. Nintendo has NO liability for your issues. You have NO lawsuit, so get over it.

And for the record Terry, you have no idea. The article you were referring to- had you read it- was something that happened in the 90s, NOT the 80s. And there was no $80 million dollar payout- AT ALL. The estimated value of the gloves *was* 80 million dollars, as in cost to manufacture and ship, if *every* N64 owner took advantage- which they didn't, because it was just the one game. Keep in mind, Nintendo came up with this settlement- they weren't ordered to do sh**. Us kids who played N64 got blisters on our hands because of the joystick design. Nintendo offered new gloves after complaints- and yes, that was adequate and the only settlement given, and it worked fine. Because we, the consumer, *assumed* the risk, got the blisters, and continued playing anyways.

Get the point yet?

You have NO lawsuit, and if you can find an attorney who doesn't laugh you out of the office and actually wins anything, I will eat my hat. Cause it ain't EVER gonna happen.

Ultimate liability is on you.

 

[ecmst12]

How large of a retainer did you have to pay this alleged law firm to take your case?