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Locked: Wiimote hurts my hand...can i sue?

Forums - Nintendo Discussion - Wiimote hurts my hand...can i sue?

Lol ok if your going to sue some one first off any law student will know damages = liability.

If your typing then I'm sure the damages are maybe just enough to win you a penny, also check your terms of usage rather than checking on a forum, I'm sure you can get your answer faster there. Can you sue yes, will you get anything no, will you lose something yes.

If your playing a game that uses the IR use my advice above otherwise the Wii isn't for you.



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dtewi, as mentioned, i would be interested in compensation if i develop some problem. obviously the chances arent huge for such a thing occuring, even if i am more susceptible to problems.
i think my issues with it are with the design itself rather than a flaw.



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Just like you can't sue computer manufacturers for carpel tunnel, you can't sue Nintendo for it (at least not win). And you're much more likely to get carpel tunnel from using a mouse and keyboard than from the Wiimote. Carpel tunnel in most case come from the stress induced on the wrist due to repetitive flexing and extending of the muscles connected to it--i.e. the fingers--while the wrist itself is held in spasm. It's a fairly serious condition for which you have to wear a brace for weeks to months. Waggling with the Wiimote puts stress on different muscles and actually activates the muscles in the wrist, rather than keeping it in spasm. You may get sore from using the remote, as you can from any physical activity, but it's highly unlikely it will lead to carpel tunnel. If anything, a standard controller, with physical action much closer to that of typing, is much more likely to give you carpel tunnel.

Irregardless of whose fault the hand soreness is (and any reputable doctor would say anyone at risk for certain problems should avoid the things that might exacerbate the problems), you certainly would not win in a lawsuit against Nintendo. All of the warnings and disclaimers both in the manual and before you play ANY game are there to prevent excessive and frivolous litigation. Which legally is what your lawsuit would fall under.



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There is an old adage, which will help you lose you're case. It is told as a joke, but I use it here very seriously.

Patient: Doc, it hurts when I do this.
Doctor: Well, then don't do that.

Because you have noticed discomfort and continue to use a product voluntarily you will lose because they do warn against using the product if you feel discomfort.

"- If your hands, wrists, arms or eyes become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again.
- If you continue to have any of the above symptoms or other discomfort during or after play, stop playing and see a doctor."
--From the instruction manual and website.



I would cite regulation, but I know you will simply ignore it.

Nickelbackro said:
I have a similar problem and plan on suing playboy :)

 lulz



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How can the wiimote hurt you? It fits perfectly in my hand, it's very comfortable.

Perhaps you need to get used to it?



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MrBubbles said:

i find it rather uncomfortable to hold and use. its fine for about 15 minutes and then it starts hurting.

Its not extremely painful, sort of stiff and sore (my hand, please no jokes...i am being serious)

and what if it gives me carpal tunnel? or other problems like that?

what sort of duty and standard of care do they owe to customers using the product...especially for someone who might be more at risk for problems?

how much could i recieve in compensation if i develop a problem?

 

 

LOL reminds me of Macdonald's class suit because the coffee was too hot and the french fries have barbecue flavor and it upsets vegetarians. And other stupid complaints; in the end MacDonalds just give 5 dollar for any person who have stupid complaints.

 



end of core gaming days prediction:

 

E3 2006-The beginning of the end. Wii introduced

 

E3 2008- Armageddon. Wii motion plus introduced. Wii Music. Reggie says Animal crossing was a core game. Massive disappointment. many Wii core gamers selling their Wii.

 

E3 2010- Tape runs out

http://www.fivedoves.com/letters/march2009/ICG_Tape_runs_out.jpg

Short answer: Yes, you can sue. No, you won't win.

Long answer: As most other have said, there are numerous warnings on the system startup and in manuals relating to health issues. It's not Nintendo's responsibility to make sure a consumer is fit to buy the system before they purchase it. Their job is to take the steps to warn someone who has purchased the system of the potential health risks involved, and the customer then has the responsibility to take care of themselves. If they don't, it's their fault, not Nintendo's.

Say you buy a guitar amplifier. There would be warnings telling you not to play at high volumes. If you play it loud, and start to notice hearing problems, and then continue to play it too loud, the company that made the amplifier is not responsible for you going deaf, because YOU were the one stupid enough to keep doing something that you were initially told was bad for you.

If playing the Wii hurts you, stop. Sell it. Buy another console, and move on. If you think you're going to get carpal tunnel from playing on the Wii (BTW, typing or any mouse/keyboard usage is far more likely to give you CT anyway) then don't do it. If you don't have enough common sense to stop doing something that hurts you, then you deserve the pain associated with it. Just don't expect Nintendo to foot the bill for it, because they've already done a fine job of covering their asses in this regard with warnings on pretty much anything related to their system. Suing would basically just costs you a bunch of money in lawyer fees and net you nothing in return. Best of luck with the suing, though.



The dedication you show to any particular console or company is inversely proportional to the number of times you have gotten laid. If you get laid enough, even if you prefer a certain brand, you just don't give enough of a shit to argue about it on the internet.

Just asking, will he sue? It'll be good if he sue he will be a legend on this site.



end of core gaming days prediction:

 

E3 2006-The beginning of the end. Wii introduced

 

E3 2008- Armageddon. Wii motion plus introduced. Wii Music. Reggie says Animal crossing was a core game. Massive disappointment. many Wii core gamers selling their Wii.

 

E3 2010- Tape runs out

http://www.fivedoves.com/letters/march2009/ICG_Tape_runs_out.jpg

I do find that Wii hurts my hand sometimes and makes my hands feel very stiff. My wrist particularly hurts when I do wheelies in Mario Kart. But I have just learnt to ignore the pain.



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