Microsoft and Wal-Mart sued over Xbox-related fire
by John Bardinelli 
{ May 26th 2007 at 11:01AM }
An Illinois family blames a faulty Xbox system for the death of their child in December 2004. The console overheated and caused the wall outlet to spark a fire, likely due to one of the recalled power cords. The family is suing Microsoft, retail giant Wal-Mart, and an unnamed power supply manufacturer for damages in excess of $50,000. Pocket change to these companies, but the press is sure to incite cries from myopic pundits in the industry. It's interesting to note that the suit names an Xbox 360 as the culprit, though according to our records the 360 wasn't available in 2004. [Via Engadget]
Reader Comments (Page 1 of 1)
XGamerX @ May 26th 2007 11:06AM
thats a bit odd. Why wait so many years to file a lawsuit. They probably settled on 50,000 because they feel that microsoft will easily settle for that out of court to avoid bad press.
http://gamergeddon.com/
Justin U @ May 26th 2007 11:18AM
That, or they know that they have no real case, as they recalled the power cords, and sent out mailers to anyone who had a registered Xbox. I also saw a report on the evening news, so they have no real reason to say that they didn't know. I also was cornered by a mouth breather at EB one time asking if I got the replacement cord.
Their own fault.
Louis S. @ May 26th 2007 11:19AM
No, it's 360 Xboxes.
You'd need like five houses to fit all those and every single last one of them would burn down.
BluLotusArtGuy @ May 26th 2007 11:23AM
Maybe it was an original Xbox... Its large, black, and boxy... easily confusable (is that a word) with the 360s power supply.
YoRone22 @ May 26th 2007 11:32AM
"The lawsuit claims the fatal fire occurred in December 2004, even though the Xbox 360 didn't officially launch until May 2005"
Is it really that hard to find the correct date of the 360s launch?
james_is_kcool @ May 26th 2007 11:42AM
ya 04 was 3 years ago and who is to say it was that and $50 grand hell people sue for more if they fall down Man i would have sued for $millions it freaken m$ come on the $50 g's shows lack of a case and it happened 3 years ago
Negativecool @ May 26th 2007 11:48AM
First off...make some sense james.
Second, this is completely bogus. If they do infact name the 360 as the cause of the fire, case closed.
If not, then 50,000 is less than pennies to Microsoft. If your my child DIED as a direct result of a faulty product, most would be going straight for the millions. 50,000? These retards probably torched the house and forgot their kid inside.
Markham @ May 26th 2007 11:56AM
Is this the McFly family?
LySop @ May 26th 2007 11:58AM
The $50,000.00 figure is simply for jurisdiction. I am an attorney. Every time I file a suit I have to claim that the damages exceed $25,000.00 to get the case into circuit court rather than associate circuit. Apparently for that jurisdiction the cut-off is $50,000.00. I can assure you that MS and Wal-Mart will claim the damages exceed $75,000.00. I know that sounds odd. But, They will want to get into Federal Court. To do that the parties must be from seperate states and the damages must exceed $75,000.00.
Trust me, the plaintiffs are seeking more than 50K.
Vince @ May 26th 2007 12:00PM
these people are suing for a very reasonable amount. There's nothing wrong with this suit at all, considering it may have happened before the recall.
Bob422 @ May 26th 2007 12:02PM
"I also saw a report on the evening news, so they have no real reason to say that they didn't know. I also was cornered by a mouth breather at EB one time asking if I got the replacement cord.
Their own fault."
Whether this is a frivolous lawsuit or not: With all the countless consumer electronics devices in modern people's homes, it is impossible to keep track on all the possible recalls that might be going on. Just because such info is mentioned in a 20-second blurb on news casts doesn't mean you can expect all the people in question to know of the information, or that it is "their fault" if something goes wrong without them realizing it. Ultimately, Microsoft and the power cord manufacturer are responsible if the product's failures if it malfunctions under any circumstances involving regular use, recall or no - it's their fault of for producing a faulty product in the first place.
John Doe @ May 26th 2007 12:03PM
james,
Let me introduce you to the concept of the period. Yes I know its a radical departure from using nothing but try it.
Bob422 @ May 26th 2007 12:04PM
"I also saw a report on the evening news, so they have no real reason to say that they didn't know. I also was cornered by a mouth breather at EB one time asking if I got the replacement cord.
Their own fault."
Whether this is a frivolous lawsuit or not: With all the countless consumer electronics devices in modern people's homes, it is impossible to keep track on all the possible recalls that might be going on. Just because such info is mentioned in a 20-second blurb on news casts doesn't mean you can expect all the people in question to know of the information, or that it is "their fault" if something goes wrong without them realizing it. Ultimately, Microsoft and the power cord manufacturer are responsible if the product's failures if it malfunctions under any circumstances involving regular use, recall or no - it's their fault of for producing a faulty product in the first place.
Bob422 @ May 26th 2007 12:05PM
"I also saw a report on the evening news, so they have no real reason to say that they didn't know. I also was cornered by a mouth breather at EB one time asking if I got the replacement cord.
Their own fault."
Whether this is a frivolous lawsuit or not: With all the countless consumer electronics devices in modern people's homes, it is impossible to keep track on all the possible recalls that might be going on. Just because such info is mentioned in a 20-second blurb on news casts doesn't mean you can expect all the people in question to know of the information, or that it is "their fault" if something goes wrong without them realizing it. Ultimately, Microsoft and the power cord manufacturer are responsible if the product's failures if it malfunctions under any circumstances involving regular use, recall or no - it's their fault of for producing a faulty product in the first place.
Bob422 @ May 26th 2007 12:07PM
Apologies for the triple post, my connection was crapping out.
John Doe @ May 26th 2007 12:08PM
"Whether this is a frivolous lawsuit or not: With all the countless consumer electronics devices in modern people's homes, it is impossible to keep track on all the possible recalls that might be going on. Just because such info is mentioned in a 20-second blurb on news casts doesn't mean you can expect all the people in question to know of the information, or that it is "their fault" if something goes wrong without them realizing it. Ultimately, Microsoft and the power cord manufacturer are responsible if the product's failures if it malfunctions under any circumstances involving regular use, recall or no - it's their fault of for producing a faulty product in the first place."
Yes you can. Sorry but if there is a recall it is up to the consumer to handle that device once it gets in their hands. Exceptions being cars where the manufacturer HAS your name\address\phone\etc.
Time to stop passing the blame off on someone else. This country is riff with this bullshit.
If there was a recall the blame squarely falls on the backs of the parents. But therein is the issue at hand. From a mental standpoint these people want someone else to blame. They lost a child. They need someone to blame other then themselves. So the easiest path? MS and Walmart.
RogueJedi86 @ May 26th 2007 12:09PM
It doesn't add up. Death in 2004, lawsuit 3 years later? I know the bureaucratic processes take a while, but 3 years to file a lawsuit?
Bob422 @ May 26th 2007 12:12PM
"They need someone to blame other then themselves."
If the lawsuit is legit, they did not cause the fire - the faulty power cord did. By the way, the power cords were recalled in early 2005
http://news.com.com/2100-1043_3-5580586.html
The house fire happened in December 2004.
Dan @ May 26th 2007 12:16PM
So, did they leave the xbox running unattended? Wouldn't they notice it catch on fire?
Unless the thing exploded with the kid sat right next to it, I just don't understand what happened.
Edge of Blade @ May 26th 2007 12:44PM
Oh my god, Microsoft killed a kid in their unholy pursuit of profits!!!
...not that I really believe it. I'm just preempting the alarmist media as much as I can.
Matthew Mac @ May 26th 2007 12:54PM
You guys are forgeting that an overheating Xbox cannot cause the wall outlet to spark; it would cause the carpet to get warm. Whatever, more tax dollars down the drain.
mccomber @ May 26th 2007 12:51PM
"So, did they leave the xbox running unattended? Wouldn't they notice it catch on fire? Unless the thing exploded with the kid sat right next to it, I just don't understand what happened."
Do you have any idea how quickly a fire can grow and spread, especially in ideal conditions? In the time it takes you to go into the kitchen, get a drink and find a snack while the console sits paused in the other room, the fire could easily grow to something you can't put out unless you have a fire extinguisher on hand.
For this instance, the fire investigators could easily determine where the fire started, and it should be on record that it was a game system if that's the case.
Anni @ May 26th 2007 1:30PM
Man, I hope one day MY first reaction to a dead kid is, "wtf they recalled it are you stupid"
mike @ May 26th 2007 1:49PM
It was on the news so they should of known? Erm, I didnt know about the power cord recall untill I read it on joystiq. People like my family still dont know about it to date, and they played my xbox 1 all the time.
A company cant release a product which they claim is safe, then once their all sold release some information somewhere saying "oops, its not safe" The only way microsoft would be in the clear 100% is if they managed to track down every single customer who bought a xbox and gave them the new cord.
Roflgoat @ May 26th 2007 2:10PM
They do realize it's their fault for not sending back the power cord during the recall, right?
Number Six @ May 26th 2007 2:25PM
Tell me... What does Wal*Mart have to do with this case again?
Bob422 @ May 26th 2007 2:29PM
"They do realize it's their fault for not sending back the power cord during the recall, right?"
The fire happened BEFORE the recall was initiated.
Justin U @ May 26th 2007 2:43PM
Bob, they had a million chances to hear about the recall. The fact remains that it happened after the recall, therefore its no longer microsoft's fault. They sent out Emails to everyone who registered or had a warranty on their xbox's.
Not MS's fault, nor Wal-Marts, nor the Supply companies.
Brian Sexton @ May 26th 2007 2:44PM
Adam, the issues are that blame is being ascribed and correspondingly, a lawsuit has been filed. That someone died in a fire might be news, but it is not gaming news; that someone else is blaming a game hardware maker and a retailer for the fire and the death is gaming news. This is a gaming blog and it covers gaming news, so there you have it. You grow up and try thinking a bit more before you afflict the public with your faulty logic while hiding behind half-anonymity.
These peopel may or may not have a case against Microsoft, but if they are going to sue Wal-Mart, they might as well sue the family member who bought the system, the auto-maker that built the vehicle they drove it home in, and the government and government contractors who are responsible for paving the roads between Wal-Mart and their home. Blame someone if appropriate, fine, but blame the right someone.
And for the record, the Xbox 360 was revealed to the public on May 12, 2005 and released in rather limited quantities that fall, so no, it couldn't have been an Xbox 360 causing a fire in December of 2004.
Brian Sexton @ May 26th 2007 2:46PM
Oops. "These peopel" should have been "These people", obviously. I would fix my typo if Joystiq allowed post-editing.
Marcus Albers @ May 26th 2007 3:30PM
Boy, some of you are smoking unbelievable amounts of crack. Just do a little research. The Microsoft power cord recall happened in February of 2005. This fire happened in December of 2004. While there is merit to discussing whether or not Wal-Mart should be included in the lawsuit, the fact is that this happened *before* Microsoft's recall of the Xbox power cord, and are therefore potentially liable for damages deemed to be the result of the fault.
From Microsoft's press release:
http://www.xbox.com/en-GB/support/xbox/powercordannouncement.htm
"We are providing replacement power cords because component failure in a small number of consoles—about 1 in 10,000—has caused burning inside the console or melting of the power cord where it connects to the console.
Microsoft has designed the replacement power cords to protect you and your Xbox from these component failures and a potential fire hazard."
By Microsoft's own admission, this flaw was a potential fire hazard.
Aberu @ May 26th 2007 3:47PM
The lawyer probably thought they couldn't get any more out of them. They should have tried for 250,000 at minimum.
Thomas Henwood @ May 26th 2007 5:14PM
They obviously don't much value the life of their child, $25,000? That's a joke!
Anonymous Rep @ May 26th 2007 6:42PM
Keep the following two things in mind regarding the actual lawsuit, as reported:
"According to the suit, the wiring that connected the Xbox 360 to an electrical outlet became so hot that it started a "catastrophic" fire at a house in Warsaw, Ill. The victim, an infant named Wade Kline, perished in the inferno."
First off, the Xbox 360 wasn't out then, so that's immediate grounds for dismissal of the lawsuit - it's physically impossible for the 360 to have caused the fire. (I know it's a legal technical blurb, but you know there's a lawyer somewhere going, "DOH!" and trying to file an amended case file.)
Second, the only way the cords themselves actually got hot was if someone didn't seat them properly on the Xbox. That was a problem that they had - if the cord wasn't pushed all the way on, then there could be a bad connection between the cord and the internal power supply, which could cause the power supply to get hot. But to actually get these things up to the ignition temperature of anythind surrounding is practically impossible. You'd almost have to have bare wires sitting on top of newspaper for this to happen - which wouldn't be impossible, of course, but would hardly be the blame of Microsoft or Wal-Mart.
For that matter, even when we were posting all of our recall information and replacing the power cords in all the interactives around the country, we never admitted at any time that they could start a fire - merely that there could be a potential for a burn. Heck, ANY transformer can get hot enough to cause a burn.
Now - who remembers the PS2 paper that was up at about the same time? Where they STATED on the paper that the PS2 power supply caused fires? Hmmmm???? Bueller? Anyone?
I'm not defending the companies here per se - just that waiting two years (the suit was filed in December of 2006) and STILL getting your facts wrong is inexcusable and the damages are unspecified but IN EXCESS of $50,000 - which means the lawyer wants to get before a jury and have them award the estate a few million dollars.
Traveller @ May 26th 2007 7:39PM
So if it was a toaster would they be sueing the toaster maker? It was bad luck and they shouldnt be sueing..
Jay @ May 26th 2007 11:32PM
No one on here does any research ... and no one reads the previous posts. As one intelligent person on here mentioned -- the fire was BEFORE the recall (i.e. the recall probably happened in part BECAUSE of the fire). They are probably suing now because face to face negotiations broke down ... in other words, Microsoft was stonewalling or ignoring them so they felt there only recourse was the courts.
If a company's incompetence killed my kid, I'd be going for a hell of a lot more than $50,000. These people seem responsible and are going for their costs only.
The people on here attacking them have probably never been responsible for their own lives (i.e. mom and dad taking care of everything).
Ace Commenter @ May 27th 2007 2:21AM
Jay (#37), you are right, but unfortunately, you too have missed a critical point from a previous comment, i.e., #9. The suit is for unspecified damages in excess of $50,000. They'll be asking for more, just like you would.
Less understandable than your small error is how often people on this blog just seem to make up the law (in response to this post or others). For example, #35 thinks the error of calling the Xbox an Xbox 360 in the complaint is grounds for immediate dismissal. The plaintiff will just amend the complaint.
And by the way, good job actual lawyer #9. Wal-Mart has in fact filed a notice of removal with the United States District Court for the Central District of Illinois. So as you said, Wal-Mart claims the damages exceed $75,000.
Perhaps of interest, Wal-Mart's lead lawyer wrote the chapter on defending product liability cases in a book on Illinois product liability law.
Anyway, the case # is 07-01134 for those who want to follow along -- and who know how to do so. Like #9.
dontplaygameswithme @ May 28th 2007 9:15AM
it usually takes years to file a lawsuit dumbasses. First of all you have to SHOW lose which requires reciepts. Now if they didnt have insurance they have to save up and pay. Or they have to have emotional damage. Which is measured also in how long you emotionally suffered. Plus many time the lawyers will have you WAIT! I sued saab over there recalled engine. And guess what I'm told to wait. Plus you dont know if they where in a settlement with them for 50k and then where bull shitted for years and finally have had enough and are going to court. It happens especially if you dont have money. Company lawyers tell the company not to settle and then push the plaintif into sueing. (more money for them!). Anyway don't judge with zero knodledge because you may find yourself in the SAME type of situation with clueless people mocking you. In your case you would deserve the mocking
Grey Fox @ May 28th 2007 12:27AM
Won't fly. Microsoft went to great lengths to notify everyone of the power cord issue so they won't be found liable likely.
Lp47 @ May 28th 2007 1:16AM
Good sue them for all they have. Dammit
hydrogen_wv @ May 29th 2007 2:07PM
I hope the right people are being sued here. As someone mentioned earlier, Microsoft claimed the power cord can cause problems on the 'console-end' of things. A fire at a wall outlet suggests to me that the problem is the wiring in the house and is not entirely due to a faulty power cord.
If the house has faulty wiring, the parents are negligent for not maintaining their house.... Since the recall is a non-issue, Microsoft will be at fault if no negligence is found on the part of the parents (and if anyone can prove negligence, I'd guess that it'd be Microsoft's attorneys)