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[miyamotofreak]

http://www.engadget.com/2007/05/24/microsoft-wal-mart-sued-over-babys-death/
Around 50k sounded reasonable. I know people will make a deal out of the the suing being about a 360 a year before it's release but these mistakes do happen at the law level.

 

[CrapSandwich]

How is this evil? Does anyone have an answer? To come to this conclusion you'd have to make up a lot of missing facts out of thin air. What information do you people have? Share it with me.

 

[speculawyer]

First thing we do is kill all the lawyers.

 

[Stinkles]

What's the evil deed here? I don't see how anyone comes to this conclusion.

Folks are jumping on the idea that it is somehow unique to ask a plaintiff to pay legal costs in the event that they lose the lawsuit they brought. When in fact it is near-universal.

But as others have noted, it is a horrible idea to turn this into a system war thread.

Condolences to the family, and I am out of this thread. It's not going anywhere.

 

[godhandiscen]

That is a standard demand in the United States when a lawsuit is fought or defended.

It would imagine many corporations would NOT in fact collect from a grieving family once said lawsuit was dismissed, however, I have no clue about the details of this particular case, and apparently nobody else here does either, so I really couldn't comment.

Ok, I didnt not know that. I know very little about the American legal system. I was born in South America.

 

[Barnolde]

The power supplies were faulty. Power cords were issued to prevent a fire, nothing else, your console would still be toast. It's a simple fix, just a little bit of solder on the PSU. Before I fixed it, my psu would spark and the psu has burn marks on it.

Spoiler

MS kills babies right?

 

[godhandiscen]

The power supplies were faulty. Power cords were issued to prevent a fire, nothing else, your console would still be toast. It's a simple fix, just a little bit of solder on the PSU. Before I fixed it, my psu would spark and the psu has burn marks on it.

Spoiler

MS kills babies right?

Mine actually burned the carpet back then, but its my fault because I saw the e-mail and other notices asking me to change the power cords and somehow it occured to me that my good luck would protect me.

 

[miyamotofreak]

The power supplies were faulty. Power cords were issued to prevent a fire, nothing else, your console would still be toast. It's a simple fix, just a little bit of solder on the PSU. Before I fixed it, my psu would spark and the psu has burn marks on it.

Spoiler

MS kills babies right?

Then the real question is if the family saw it sparking and assumed it was normal or something does that clear Microsoft if it occured prior to the recall?

 

[AltogetherAndrews]

It's uncharacteristic of me to agree with that Stinkles character, but the dude has a point. I'm typically all for people dogging on Microsoft... but that's in regards to a rather shallow level of product complaint, ergo not exactly the most serious of serious stuff. This on the other hand involves a dead infant, and it really iwould be quite amazing (or not) if this was to even be considered a valid platform for getting a system wars dig in at Microsoft. If the company is in the wrong then I hope ample of amounts of dogshit is flung in the direction of Microsoft, but as for right now there's really no sense in condemning MS for something that we don't actually know the whole truth of.

 

[Death_Born]

Already there.

Fixed.

 

[Terrell]

I don't care who you are.... for any lawyer to say that "it's your own damn fault" that the plaintiff lost an infant.... I don't care who you are, this is just horrible and tasteless. Even without knowing the circumstances, the proper thing to do is just keep your mouth shut instead of making accusatory comments to a grieving family. Might as well have spit on them, too.

 

[speculawyer]

One baby? Dick Cheney is responsible for thousands of dead babies . . . Microsoft has a long way to go to before they are even in his league.

 

[Monk]

Nah this is the kind of thing that would make saddam hussein proud. Kill their baby and demand they pay for the legal fees, except Saddam would rather shoot their baby and demand they pay the price of the bullet.

 

[Karma Kramer]

I don't care who you are.... for any lawyer to say that "it's your own damn fault" that the plaintiff lost an infant.... I don't care who you are, this is just horrible and tasteless. Even without knowing the circumstances, the proper thing to do is just keep your mouth shut instead of making accusatory comments to a grieving family. Might as well have spit on them, too.

Well we don't know the whole case... but if someone left their gas on in their fireplace and blew up their house for example... it would be that person's fault, not the company who installed it.

If you file a lawsuit against a company and those charges according to that company are inaccurate then what else should that company say?

 

[CrapSandwich]

I don't care who you are.... for any lawyer to say that "it's your own damn fault" that the plaintiff lost an infant.... I don't care who you are, this is just horrible and tasteless. Even without knowing the circumstances, the proper thing to do is just keep your mouth shut instead of making accusatory comments to a grieving family. Might as well have spit on them, too.

What if the fire was the family's fault though? If it was, and they're trying to flip the death of their son into an easy $50,000 payout, that would be truly evil. There's a lot of assumptiveness that the family is completely innocent here and therefore Microsoft must be guilty of something. They may well be rightly defending themselves.

 

[Barnolde]

Mine actually burned the carpet back then, but its my fault because I saw the e-mail and other notices asking me to change the power cords and somehow it occured to me that my good luck would protect me.

The new power cord would have just killed power to the system, which is what the big red button does. I also love how you take blame for something defective MS released.

Then the real question is if the family saw it sparking and assumed it was normal or something does that clear Microsoft if it occured prior to the recall?

They assumed sparking was normal, come on. They're probably not hardcore gamers, but a game system sparking, no one would consider that normal, not even if you're playing Burnout.

They probably didn't see it spark, it was left on or something.

 

[godhandiscen]

The new power cord would have just killed power to the system, which is what the big red button does. I also love how you take blame for something defective MS released.



They assumed sparking was normal, come on. They're probably not hardcore gamers, but a game system sparking, no one would consider that normal, not even if you're playing Burnout.

They probably didn't see it spark, it was left on or something.

I believe it is my fault if I decide not to change the powercord even when I see dozens of news outlets recommending me to do it apart from receiving 2 e-mails. Do you think I should sue? Of course not.

 

[ethelred]

Nah this is the kind of thing that would make saddam hussein proud. Kill their baby and demand they pay for the legal fees, except Saddam would rather shoot their baby and demand they pay the price of the bullet.

What the hell is wrong with you?

I don't care who you are.... for any lawyer to say that "it's your own damn fault" that the plaintiff lost an infant.... I don't care who you are, this is just horrible and tasteless. Even without knowing the circumstances, the proper thing to do is just keep your mouth shut instead of making accusatory comments to a grieving family. Might as well have spit on them, too.

If it's the family's fault, then it's the family's fault and Microsoft is entirely justified in its defense. Yes, there's a death, okay -- but that doesn't mean any lawsuit they file is automatically rendered proper and they deserve any amount of money they ask for. Microsoft has the right to a legal defense if it's supported by the facts. Keep their mouths shut? They're defending themselves against civil litigation. Sheesh.

People here need to stop jumping to conclusions and let the case, and the facts, play out. No one has half a clue what all the details are.

 

[Barnolde]

I believe it is my fault if I decide not to change the powercord even when I see dozens of news outlets recommending me to do it apart from receiving 2 e-mails. Do you think I should sue? Of course not.

The power cord probably would have cut off power and possibly killed your system right around when it started sparking. It's not a magic power cord. Sparks = kill circuit, the life of the Xbox is irrelevant, the power cord was meant to cover their asses and prevent fires from the faulty Foxlink power supplies. Does your Xbox still work?

 

[miyamotofreak]

I believe it is my fault if I decide not to change the powercord even when I see dozens of news outlets recommending me to do it apart from receiving 2 e-mails. Do you think I should sue? Of course not.

But hey what if they don't watch the news enough to see that story (I didn't see it on the news) and they never recieved a email (I didn't). I knew about it only because I went to a few game sites regularly and subbed to Game Informer.

 

[TransTrender]

It's ironic considering the xbox was what made MS seem less evil and more like an underdog of sorts.

Wow man what console wars were you watching?

 

[Karma Kramer]

Dude as I registered on the GAF I got accused of being a Ninty fanboy and a Sony fanboy on the same ****ing day. Calling me a fanboy is lame unless I say something like:
Wii Fit will pwn Halo 3

Your name is miyamotofreak... are you honestly surprised people think you are a Nintendo fanboy?

 

[Barnolde]

But hey what if they don't watch the news enough to see that story (I didn't see it on the news) and they never recieved a email (I didn't). I knew about it only because I went to a few game sites regularly and subbed to Game Informer.

Most people who play videogames don't know anything about them and certainly don't check forums or news sites or anything. They go to a store, buy system + games, plug in shit by matching up colors, play.

 

[godhandiscen]

The power cord probably would have cut off power and possibly killed your system right around when it started sparking. It's not a magic power cord. Sparks = kill circuit, the life of the Xbox is irrelevant, the power cord was meant to cover their asses and prevent fires from the faulty Foxlink power supplies. Does your Xbox still work?

I am blaming myself for what happened to my carpet. I am not saying that I am happy I lost my Xbox. Buying a new machine was not a big deal, but losing my Ninja Gaiden save really hurt me.

But hey what if they don't watch the news enough to see that story (I didn't see it on the news) and they never recieved a email (I didn't). I knew about it only because I went to a few game sites regularly and subbed to Game Informer.

I am talking about my specific case. I did watch the news and I still decided not to do it.

 

[∀ Narayan]

hay guys, what are the precise circumstances of this tragic accident? Oh yeah that's right, we don't know, we are just bitching about it on a forum because we like video games.

Meanhwile, we are using the death of an infant as an excuse to mock or praise the companies we have illogically given our emotional attachment.


This is us, gaf, at our shittiest.

I am not part of this.

I am not an example of GAF.

I am a dinosaur.

 

[Karma Kramer]

But hey what if they don't watch the news enough to see that story (I didn't see it on the news) and they never recieved a email (I didn't). I knew about it only because I went to a few game sites regularly and subbed to Game Informer.

I got something in the mail about this.

 

[westical]

I got something in the mail about this.

Me too, and I'm in Australia. There's only so many ways that they can notify people.

 

[Monk]

What the hell is wrong with you?

Dont mind me, i dont really have much faith in ANY judicial system these days.

 

[frankthurk]

If it's the family's fault, then it's the family's fault and Microsoft is entirely justified in its defense. Yes, there's a death, okay -- but that doesn't mean any lawsuit they file is automatically rendered proper and they deserve any amount of money they ask for. Microsoft has the right to a legal defense if it's supported by the facts. Keep their mouths shut? They're defending themselves against civil litigation. Sheesh.

People here need to stop jumping to conclusions and let the case, and the facts, play out. No one has half a clue what all the details are.

Yeah, you're right. But there is just something about the massive company with all the resources at it's disposal vs the small family that lost a child that... well, should make MS want to tread lightly. It doesn't look good. But at the end of the day the law is the law and frivolous lawsuits suck so yeah, without more information there really is nothing to see here folks... shall we move along?

 

[Barnolde]

I am blaming myself for what happened to my carpet. I am not saying that I am happy I lost my Xbox. Buying a new machine was not a big deal, but losing my Ninja Gaiden save really hurt me.

I am talking about my specific case. I did watch the news and I still decided not to do it.

Bolded for "that's sad", taking defects in stride like that and just throwing more money away.

The new powercord wouldn't have prevented anything, your Xbox would still be dead, but your carpet would be spared.

 

[miyamotofreak]

Your name is miyamotofreak... are you honestly surprised people think you are a Nintendo fanboy?

Still, I don't even think I've even made a Pro-Nintendo post since I've registered :lol. People will point to anything to make themselves seem right I guess.

 

[Pimpwerx]

They're talking about Xbox not XBox 360, which had a REAL fire hazzard problem. There was even a recall. Real bad conspiracy theory you got there.

Indeed. :? I guess I've just seen too many of these articles for both consoles, and I can't imagine it's just the media phishing. PEACE.

 

[Crayon Shinchan]

Wow... how quickly this shit is spun, then counterspun.

How the tide turns.

Still, if the house burnt down dec 2004, and the recall only occurred Feb 2005... it really begs the question; in what way could they have abused the system knowingly in order to get it set on fire like that?

If it's not the cords, that were recalled just 3 months later... then what other known fire hazard issue was there with the Xbox?

Or maybe they just dropped the ball on this one; I imagine there are a few fire related lawsuits that were settled, but having waited this long on this one, maybe their intern lawyers couldn't quite add up and ****ed up?

Too bad this is likely all we'll hear about the case... and with the tides of opinion turning against the family... well, that's a damn shame.

 

[Branduil]

Well it makes sense to assume MS is telling the truth here. After all, they have a long history of honest and unblemished business practices.

 

[westical]

Well it makes sense to assume MS is telling the truth here. After all, they have a long history of honest and unblemished business practices.

When GAF needs a rolleyes smiley.

 

[A Link to the Past]

You know what: I dislike Microsoft. A lot. I hate their monopolistic practices, I support open source, I hate how they limit the market, I hate that they have such shit 360 policies. BUT do not at any point just disregard the story just because I submitted it.

You're an annoying Nintendo fan - you only care about Miyamoto to the point where you don't even realize that Samus is not and was never his "angel"!

 

[miyamotofreak]

You're an annoying Nintendo fan - you only care about Miyamoto to the point where you don't even realize that Samus is not and was never his "angel"!

Eh. This is like the 5th time I've explained it on GAF (I need to either create a new account or change my name and avvy) and essentially I got this around 2002 when Nintendo had the most awesome E3 ever. The 3 games they featured were Metroid Prime, Super Mario Sunshine, and Wind Waker and EGM did a story on them called something like Miyamoto's Angels.

 

[D3VI0US]

So was the recall a reaction to this?

 

[Barnolde]

So was the recall a reaction to this?

What recall?

 

[D3VI0US]

The power cable recall.

 

[godhandiscen]

Bolded for "that's sad", taking defects in stride like that and just throwing more money away.
The new powercord wouldn't have prevented anything, your Xbox would still be dead, but your carpet would be spared.

I believe it shows how much I am willing to pay for such an experience. Ninja Gaiden and Halo 2 were part of my routine back then and I was not going to give it up. If you do not consider the product so valuable then it is up to you, but if those 2 games are the most fun I am having in front of a screen, then why I should not buy the console again? I do not understand what is sad about it. To each his own.

 

[Vrolokus]

Wow, using a dead baby to further one's console warz campa1gn? Classy.

At least one good thing came out of this thread... (adds myamotofreak to ignore list)

 

[Barnolde]

The power cable recall.

Oh, sorry, the words recall and your avatar gave me a brainfart for a sec, heh. It wasn't a recall, they just sent new cables to everyone.

But yeah, I THINK it was, it was a few years ago, so it's hard to remember, but MS fixed the problems in Xboxes soon after, same with the Thomson DVD drive. From the dates in this thread; the fire was in late 04 and the power cords were sent out in early 05, so it makes sense.

They just gave everyone free cords for a false sense of security and to cover their asses. Same thing with the 360 warranty, it's not meant to do anything other than provide a false sense of security and legally cover their asses.

I believe it shows how much I am willing to pay for such an experience. Ninja Gaiden and Halo 2 were part of my routine back then and I was not going to give it up. If you do not consider the product so valuable then it is up to you, but if those 2 games are the most fun I am having in front of a screen, then why I should not buy the console again? I do not understand what is sad about it. To each his own.

I'm assuming you only did that because calling MS support yielded no results.

 

[godhandiscen]

Oh, sorry, the words recall and your avatar gave me a brainfart for a sec, heh. It wasn't a recall, they just sent new cables to everyone.

But yeah, I THINK it was, it was a few years ago, so it's hard to remember, but MS fixed the problems in Xboxes soon after, same with the Thomson DVD drive. From the dates in this thread; the fire was in late 04 and the power cords were sent out in early 05, so it makes sense.

They just gave everyone free cords for a false sense of security and to cover their asses. Same thing with the 360 warranty, it's not meant to do anything other than provide a false sense of security and legally cover their asses.



I'm assuming you only did that because calling MS support yielded no results.

I was out of warranty. I have had the machine for 2 years already and repairing it was $120. Also, what are you trying to prove? that MS's customer service was crap? Last gen I had 2 PS2's break on me (one japanese and one american) and Sony did not do shit for me either. I just got a new one. I do not understand what is that you win by trying to prove that MS is a crappy company, but your attempts accross many topics are really annoying. MS, Sony and Nintendo, they all are the same. They operate on a budget and if your needs fall out of it, then you are screwed. I know you will come with a counter, but do you really have to? Just give it a rest. I have never understood why somebody would try to defame a company on a forum, and I will not start now.

 

[Barnolde]

I was out of warranty. I have had the machine for 2 years already and repairing it was $120. Also, what are you trying to prove? that MS's customer service was crap? Last gen I had 2 PS2's break on me (one japanese and one american) and Sony did not do shit for me either. I just got a new one.

Ok, I was just curious. I didn't know much about MS customer service with the Xbox1, a friend of mine got his Thomson replaced free and that's the extent of my knowledge with it. I just fixed my Xbox problems myself with the little bit of solder on the PSU and swapping in a new DVD drive.

You don't have to tell me about Sony and the PS2. I'll never forget reading about GT3 in Japan ruining the lasers of PS2s and then Sony charging users to fix something that was entirely their fault.

 

[godhandiscen]

Ok, I was just curious. I didn't know much about MS customer service with the Xbox1, a friend of mine got his Thomson replaced free and that's the extent of my knowledge with it. I just fixed my Xbox problems myself with the little bit of solder on the PSU and swapping in a new DVD drive.

You don't have to tell me about Sony and the PS2. I'll never forget reading about GT3 in Japan ruining the lasers of PS2s and then Sony charging users to fix something that was entirely their fault.

Sorry I came out strong, is just that by this point in time, we should just get used to it. Sony Nintendo and MS will try anything to screw the customer. Just get the one console with the games you like.

 

[KongRudi]

If this is the case, I really hope that the fire department have given the Kline family enough evidence about where the fire started, and that they have enough evidence that they had a XBox in that electric outlet, so they can take on MS, Wallmart, and the PSU provider in court, and get the 50.000$ they requested from these three companies.

So it could pay for their financial losses caused by the fire made by the hazardous product, nothing can help against the emotional losses.

 

[ThirdEye]

So does it mean the source of fire was identified as the Xbox and Microsoft didn't object to it?

 

[Sean*O]

^ That would appear to be the case since they site "misuse or abuse" of the console.

So it must have been confirmed that the Xbox was the source of the fire.

Add to that there were no warnings from MS until after the fact, at least not widespread... I recieved a replacement cord years ago, but never heard of any problems prior to that time.

It makes them look pretty guilty, and if the family is only seeking $50k then they are being generous.

I one of my kids died in a fire that was started by my Xbox I would try and own MS.

It's true that we don't know all of the facts, but MS does not deny that the fire was started by the console.

 

[PetriP-TNT]

What the heck? I hope that the family gets some random amounts of billions from MS..

Btw, did you notice that XBOX LIVE is EVIL XOBX backwards.