Chicago man sues Microsoft over 360

With any new product bugs are to be expected. No amount of testing can find every bug. On top of this look at the number of components built into each console. Each with thier own seperate defect ratio.

Using the logic that Microsoft knew their was a heating issue (I am basing this on the fact that their is an external power unit) I think that Msoft had knowledge of the problem and fixed it to thier own satisfaction. If you take a laptop powersupply and leave it in an enclosed place this same problem was going to develop. (And the 360 is closer to a full up

I am not defending Microsoft for this issue, but I think we need to take a step back and look at how many recalls thier were in other industries this year. Obviously producing any major product is going to have issues. Add to this a simultaneous world wide launch and there are going to be issues in the first batch. Anyone buying any type of new product fresh from the first run should be expecting that thier is a much higher likelyhood of a defect. My advice to those who are going to file lawsuits...wait 6 months and you wont have an issue

This person needs to get over themselves. I could understand if it was like 5-10% plus but this is not at all the case. I am sick of all the MS bashing some people just take it to far.

What a complete moron! W
Who wakes up in the morning and says to themselves "self...I think I'll sue a company with endless sums of money and lawyers with a baseless claim"

Unless his 360 burst into flames or melted, or MS refused to issue replacement for faulty product (which apparently they are not doing as it's been well reported that they will take care of replacements for problematic 360's in a week to 10 days)this guys lawsuit has no merits.

This is like the ass clowns that sued McDonald's when they burned themselves with hot coffee/cocoa. Duh! Now McDonald's has to label everything with a warning.

This is such a punitive damage society and it's just sickening. People wonder why everything is so expensive...Maybe if people didn't sue over every and anything, they wouldn't have to jack up costs so high to cover these kind of lawsuits!

I hope MS does a slam dance on this person, they deserve it.

To Cyberclaws,

I agree 100%. Just someone looking for payday.

Actually, the McDonalds coffee suit had merrit. It has to do with the fact that Mcdonalds chose to use cheaper coffee beans that had to be heated to unsafe levels rather than shilling out a little more money for good beans. The grounds for the suit had to do with standards of service.

This MS suit on the other hand is stupid and groundless.

Just be happy you got one! :

By that logic, this would have the same merit as the McDonalds case, since if Microsoft shilled out a little more money on a better cooling system, there would be no overheating.

AKRay: Not necessarily. An overheating 360 isn't even in the same ballpark as someone being physically harmed by burning coffee. It's not even the same sport, even if both litigants are complete and urtter tools.

That being said, I agree with most of you that this is a pointless areguement. It can go one of two ways: The judge laughs it out of his courtroom, or he can let it proceed, and us early 360 adpoters can profit.

I'll chalk this up to 'Wait and see'.

every major system has had some kind of lawsuit leveled against it...for example see www.ps2settlement.com

As for me, my 360 is working just fine and i am enjoying it.

No, I agree that there is no damage done to anyone in this case. But I find the other case just as baseless. We'll see what happens.

No, I agree that there is no damage done to anyone in this case. But I find the other case just as baseless. We'll see what happens.

Lets say just for argument's sake that these over heating problems are caused by negligence on MS's part.

Lets compare the two cases. In this case the damage caused is that someone had to wait a extra week to get to play their xbox. In the Mickey D's case the damage was 3rd degree burns and perminant scarring.

It would be the same if the 360s were burning people or their houses, but as far as Ive heard, they arent.

My Xbox 360 caused me to stay up late playing PG3 for excessive countinous hours. I suffered irreparable damage to my chafed thumbs & bloodshot eyes. Both of which are now permanetly scarred. Whatever shall I do?

I know! I'll petition the court for redress of grievances and recovery for damages to my thumbs and eyes from Microsoft. SUE! SUE! SUE!

I may not know jack about how lawsuits work, but for there to be actual cause for a class action lawsuit, would there need to be some kind of neglect on M$ part. I mean sure maybe they neglected to take the time so test ever console for a couple hours be for shipping. But they are doing everything in their power to replace the ones that have had problems. So what does he expect to get out of this class action lawsuit? Most times doesn’t it just cover replacement? It’s not going to get them any pain and suffering, lost wages, or emotional stress money. If it does, well then I’m going after every television network. Because of quality broadcasting I have neglected homework and my grades have been hurt. Seriously I think all of us people that realize how pointless this is, need to file suit against this moron (Slander) for making me so annoyed that I felt the need to voice my opinion on this subject, thus wasting my time writing this, your time (if you choose to read it), and valuable bandwidth that’s is being taking up by how much internet traffic this stupidity is receiving.

I want to start my own country were people that want to file a lawsuit need to do stand before a group of at a minimum of thirty peers and convince them that their lawsuit is worth while, and these peers must come to an agreement of no less then 90%, before the lawsuit can even go to court. The person or persons filing suit must pay for the pre-pretrial. I think this would get ride of a lot of bogus lawsuits. I know there are a lot of lawsuits that are just, and those lawsuits if the person filing suit can not afford it, there will be companies just waiting to back them for a piece of the pie.

This guy has no case. I say this because I have no issue with my unit. If all the units had an issue, then that would warrant a class action. Since I'm not experiencing any issues, then isn't it logical that it's only a small percentage that have problems. There is always... I mean ALWAYS going to be defects. That's why there are warranties on products. Have you ever heard of any product being released that is 100% defect free; I haven't... This guy is trying to do some frivolous law suit that isn't warranted. By the way, defects can also be caused by shipping issues, i.e. dropping boxes... Anyways, the guy is GREEDY.

There we have it folks. This is the result of living in an overly litigious society. One the one hand I say to myself, " Are you kidding me?!?!?! A lawsuit for this, Waaaahaa, my Xbox 360 doesn't work!!!!" But on the other hand there have been some shady business practices associated with the release and sale of the Xbox 360 on both the part of the manufactures as well as the distributors.

Potentially, Mr. Byer is asking for a heightened level of accountability on the part of manufactures to put out a quality product for the sake of and convenience of customers. On the flip side we live in a capitalist society in which demand needs to be present in one's quest for market dominance. With no light there can be no dark folks.

Mr. Byer's my hat's off to you for swallowing the criticism and being first in line to hold Microsoft accountable for not having better quality control, if that's what happened. Shame on you if the undisclosed amount includes XBOX 360's for friends and family plus all 360 releases for the first years of 360's release.

To Microsoft I've seen it, played it, ordered it, not yet received it and still want it (the Xbox 360). Hopefully by the time I receive mine the kinks will have been worked out

There is no point arguing over the subject. We all know this country is packed full of ignorant people. They even have there own TV show. Any of ya'll ever watched Judge Judy? I think the crap on that show is more pointless than this. "Yo Honor, he stoled my car!.." Judge: "But mam he is your husband?"