HappySqurriel said:
In order for a lawsuit like that to work they would have to prove that Nintendo was negligent with how they designed or built the product and that negligence was what lead to the injury; I haven’t tried the game yet but I don’t think that it is intense enough, or has dangerous moving parts, so I doubt that negligence could ever be demonstrated.
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Also, if lawsuits were such a huge problem, how do so many fitness products exist on the market? Companies like Bowflex and Nordic Track have been around for decades. I'm sure there is no shortage of people who have been injured using those products which are considerably more complex mechanically.