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 Gameguru Mania News - Mar,07 2004 -  
Nintendo Sued Over Photo-Sensitive Seizures - briefly
(hx) 05:32 PM CET - Mar,07 2004 - Post a comment / read (17)
According to this article at The Advocate, St. Martin Parish, Louisiana family has completed a 10 day trail in federal court against Nintendo. The family of St. Martinville Mayor Eric Martin and his son, Michael, claims the video game giant failed to report that its games contain defects that presented a "substantial hazard" and create an unreasonable risk of serious injury or death. Here is a bit:
The Martin family maintains that Nintendo should have reported that its video games were not safe and not suitable for use because they triggered seizures.

They want Haik to order Nintendo to put warnings about the possibility of video games triggering seizures on the video game packages and on the screen while the game is in use, court documents indicate.

They want Nintendo to rank all games according to the seizure risk, reformat all its games to reduce the chance of seizures, fund a nationwide advertising campaign to inform the public about the chance of seizures, allow all game owners to trade high seizure risk games in for low seizure risk games and to establish a refund program so everyone with Nintendo games can get their money back, court documents indicate.

The family also wants money for damages, court costs, attorney fees and expert fees.
last 10 comments:
ambazadorposted - Mar, 07 2004 - 17:59
yeah, no pain, no game, nintendo rlz

callumposted - Mar, 07 2004 - 18:04
heheeheehheee gaming giant,heehee sued, gneehee, because of seizure, ha they should look at the booklet first

tatoposted - Mar, 07 2004 - 18:05
Yeah right, like that's going to happen. They want Nintendo to reformat all its games? Every single game for every single gaming device they've made? They're being unrealistic. Photosensitive people shouldn't even be playing video games in the first place, there've been warnings about it for years in game manuals. And why just Nintendo? Shouldn't they be going after all the main video game companies? They need to get a clue.

stumpusposted - Mar, 07 2004 - 18:11
Quote:"games contain defects that presented a "substantial hazard" and create an unreasonable risk of serious injury or death" Louisiana family probably meant that their FAT little boy chocked on his BIG MAC playing for friggin HUNDREDS OF HOURS GROWING FATTER THAT MARIOS ASS!!! Hey let's sue disco's and night clubs from the 80's because everyone seen your pants through your clothes!! Or what about the LACK of warnings that strobe lights would/could cause seizures?? Louisiana family GO SUCK A BIG MAC THROUGH A STRAW

warningposted - Mar, 07 2004 - 18:45
Quote : "on the screen while the game is in use" LOL, imagine 3 quarters of the game screen with warning labels :-)

asdposted - Mar, 07 2004 - 19:37
All they want is to sue and get rich easily.they dont give a jacks ass about the leizure and that other BS.

giGGlerposted - Mar, 07 2004 - 20:26
"stupid americans with their seizures and big macs."

Agressorposted - Mar, 07 2004 - 23:53
^That's as ignorant as the family sueing Nintendo.

Robposted - Mar, 08 2004 - 00:05
LoL I have seizures and I still play games, and if one gives me a seizure well then that's my fault not Nintendos. Plus if there kids have seizures what the hell are they thinking putting their kid down in front of a TV with a video game?? Most neurologist ive gone to specifically say "Do NOT play video games, there's a very high risk of seizure activity." Besides wasn't Nintendo sued for this a decade ago thus why the warnings in the instruction books? lol I agree this sounds like a get rich scheme, except the parents got greedy in the end... Reformat games lol, why not just ask for the left nut of every Nintendo executive?? Would be a hell of a lot more likely. :P

flapposted - Mar, 08 2004 - 00:23
I'm having a seizure right now, damn you Nintendo.

i'm rightposted - Mar, 08 2004 - 00:33
it's insurance fraud, i bet some neurologist or doctor already told the parents that their kid was prone to seizures, so they sat the poor little bastard down in front of the tv for hours to get some extra cash.

Robposted - Mar, 08 2004 - 00:54
LoL Your right, some parents dont care if they scar a child as long as they can get rich quick. I just wanna know how they explain not seeing the BIG warning in the first page of the instructions lol.

nohappyposted - Mar, 08 2004 - 11:57
i hope nintendo sues back, i know there's ridiculous court cases from the U.S everyday day, and I believe anyone who tries should get something in return for their GREED and IGNORANCE

don'tbendoverposted - Mar, 08 2004 - 16:16
"They want Nintendo to rank all games according to the seizure risk" This is freakin stupid, It's practically global knowledge that all games have some chance at inducing seizures. Every game manual states so on basically the first page. Maybe the child should be in a foster home away from those beatnik parents. Infact now i'm going to sue MS for implimenting the flashing text cursor, I've had several seizures while typing this ;)

1posted - Mar, 08 2004 - 17:00
Exactly. There have been warnings about videogames possibly causing epileptic seizures for 10+ years. It's been printed both in manuals and on the back of the games. If their kid had a seizure the parents either: 1. Didn't know this, which means they are stupid, have no clue what their kids are up to and are to blame themselves. 2. Did know this and try to use their kid to get some easy $$$$ and should be thrown in jail. Ofcourse they claim that some of the compensation are to go to some sort of non-profit "Videogame is bad for you" foundation but that's just to make them look more like defenceless victims and less like greedy little trolls.

posted - Mar, 08 2004 - 21:11
Sueing nintendo because of seizures.. for gods sake.. theres warnings in the book.. with the console.. and each and every game comes with a little booklet.. i just went and checked all my games and every one has one.. its -------- IMPORTANT SAFTEY INFORMATION. READ THE FOLLOWING WARNINGS BEFORE YOU OR YOUR CHILD PLAY VIDEO GAMES WARNING - Seizures -Some people (about in) may have seizures or blackouts triggered by liught flashes such as while watching tv or playing video games, even if they have never had a seziure before -anyone who has had a seizure, loss of awareness or other sympyom linked to an epileptic condition should consult a doctor before playing a video game. -parents should watch when there children play video games. stop playing and consult a doctor if your child have any of the following symptoms. -convultions -eye or muscle twitching -loss of awareness -altered vision -involuntary movements -disorientation to reduce the likelihood of a seziure when playing video games 1. sit or stand as far away from the screen as possible 2. play video games on the smallest possible television screen 3. dont play if you are tired or need sleep 4.play in a well-lit room 5. take a 10 to 15 minute break every hour ------------------------------------ There are other warnings in the pamphlet too.., repetitive motion injuries, electric shock, motion sickness, projection tv use, brightness of tv screen not only is there a phamphlet that is given with every game and the console itself inside every game manuel is another copy of the same warnings.. it is right in the front cover in big red writing... and as - 2@3 has pointed out its on the back of the game case aswell.. (and yes i have gone and checked every one of my gc games.. they all have it) given this how could it even be possible for anybody to sue?

Sephposted - Mar, 09 2004 - 02:20
As Rob posted someone sued Nintendo years ago, and the court OBVIOUSLLY then felt they fixed it by asking Nintendo to add the warning in the instructions. I hope Nintendo sticks up for themselves, instead of doing like most companies and just paying them off fast to make it go away. Thats possibly why the parents are claiming this. Ya know everyday we humans get lower and selfish, and this is just proof thiefs hide in alot of disguises... including "caring" parents. Someone get that kid into a foster home fast :\

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