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Woman sues over video game-induced seizure

28 March 2007 16:22 by James "Dela" Delahunty | 38 comments

Woman sues over video game-induced seizure A woman has filed a lawsuit against Vivendi Games, Sierra Entertainment, Sony Computer Entertainment America, and a defunct rental store called Hiawatha Video, after her infant suffered an epileptic seizure while playing Spyro: Enter the Dragonfly on a PS2 console. The lawsuit alleges the defendants were "negligent, careless, and reckless with regard to the design and manufacture" of Spyro.

According to the lawsuit, the child has suffered permanent disabling injuries that will affect him "in all activities of daily living." As with all other games, Spyro: Enter the Dragonfly came with a warning about the possibility of experiencing epileptic seizures "when exposed to certain light patterns or flashing lights."

The woman is seeking damages on behalf of the child "for such fair and reasonable amount as may be awarded by a jury of his peers." Sony has requested that the woman specify the total amount of damages she's seeking.

Source:
GameSpot


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oofRome (Senior Member) 28 March 2007 22:47 Send private message to this user   
Quote:
because of radiation caused from the TV
wait... what?
ZippyDSM (AfterDawn Addict) 28 March 2007 22:54 Send private message to this user   
eiffel65
witch radiation?

the electromagnetic waves or the IQ killing TV radiation?

I was not aware of general radio/magnetic waves to cause such damage its to unfocused is it not?

I'd be more worried about eyes and keep the brats 4-6 feet from the screen >>



FIGHT THE M.A.F.I.A.A.
ResIpsa (Newbie) 29 March 2007 4:18 Send private message to this user   
*sigh* This is what happens when the media runs stories without knowing enough about the underlying case--or law, in general. Just so everyone is aware:

Legally, an infant is anyone under the age of 18. While it's possible that this lady is suing because her 1-year old had a seizure, it's more likely the child is much older than that.

Also, nowhere in the story does it indicate that the child was playing alone--so I think all of the kneejerk "stupid-parent-shouldn't-use-videogames-to-babysit-her-kid" comments are out of line. You don't know if the child was left alone all day or if his mother sat down with him and played the game together. I've spent many hours playing videogames together with my children, so it's entirely possible.

As for the outcome of the case, who knows? It's true there is a warning inside of the manual. The question is whether the warning is conspicuous enough to qualify as legal notice. I think it probably is, but that's ultimately a question that will be resolved by the trier of fact--not the media, and not the public. There are all kinds of additional information that will be required to answer such a question--such as: Was the warning written in the plaintiff's native language? Was the manual included with the game (remember, this is a rental copy from a now-defunct rental store)? Etc.

Anyway... it's always best not to jump to conclusions on these things. The media isn't reporting most of the important information. It's just a nice, splashy headline.
thebox (Junior Member) 29 March 2007 5:07 Send private message to this user   
the woman is probably a Welfare case and is about to loose it all, needs drugs or HAS to pay her pimp. The perfect way to get help is to pit your kid against the world and all will take pity.
Like sweet flying crispy crap.
the dumb broad is trying to say that all parties are: "negligent, careless, and reckless with regard to the design and manufacture" of Spyro. What does she expect? Cardbord Cut Outs or Play-D'oh action? all games have bright colors and flashing animation no matter what, thats how games are designed.
I have a funny feeling she read the warning and needs an excuse to explain why her infant was born defective or retarded.
Next thing you're gonna see is her suing the Adult Toy Industry because her Vibrator made her numb downstairs and mouth sore, the Music Industry for making the discs with too much Bass and damaging her hearing, the Film Industry for making her go blind and the Book Companies for making her SMRT (oops... I mean smart)
bobiroc (Member) 29 March 2007 6:43 Send private message to this user   
Originally posted by thebox:
...Next thing you're gonna see is her suing the Adult Toy Industry because her Vibrator made her numb downstairs and mouth sore, the Music Industry for making the discs with too much Bass and damaging her hearing, the Film Industry for making her go blind and the Book Companies for making her SMRT (oops... I mean smart)
Unfortunately many people have this view. Get Rich Quick buy suing some big company or person with money. No one wants to be accountable for their own actions. I firmly believe if a company was negligent or did something wrong then by all means the consumer deserves something. But this does not appear to be the case here.
eiffel65 (Member) 29 March 2007 7:17 Send private message to this user   
Originally posted by ZIppyDSM:
eiffel65
witch radiation?

the electromagnetic waves or the IQ killing TV radiation?

I was not aware of general radio/magnetic waves to cause such damage its to unfocused is it not?

I'd be more worried about eyes and keep the brats 4-6 feet from the screen >>

The IQ killing radiation is probably not gonna happen to an infant, so I have no clue. (Do infants even have an IQ?)
handsom (Senior Member) 29 March 2007 8:59 Send private message to this user   
Some people buy used systems, which almost never come with manuals.

And most games don't have epilepsy warning screens in the games. So, it's feesible that they got the products used without manuals and had no 'legal warning'.

That's not to say that they should sue sony if that's the case, that might be more something to go after who sold it to them, aka the rental place. But hey, if Sony will pony up, why not?
thor999 (Member) 29 March 2007 10:13 Send private message to this user   
Just tell me where to send the money. Can we pay extra to have her stabbed?
tsumiro (Inactive) 29 March 2007 10:58 Send private message to this user   
i agree with gozilla. SCREW THE PEOPLE WHO TRY TO F*** WITH THE GAMING INDUSTRY CUZ THEYRE IDIOTS!!!
WierdName (Senior Member) 29 March 2007 13:58 Send private message to this user   
Quote:
Originally posted by ottesen07:
The lady probably doesn't give jack s*** about her kid, but just wants some cash.
2nd that, she sees this as a quick way to get some cash.
FIFTH THAT! Nowaday its all like that song "money money money".

EDIT- corrected statement from third to fifth.

This message has been edited since posting. Last time this message was edited on 29 March 2007 14:00

rahula (Newbie) 30 March 2007 5:25 Send private message to this user   
I think i suffered being angry,excited,trigger happy and horney playing GTA. Which cause me to buy a winchester shot gun and had session with a hooker. I have lower my moral values due to playing PS2 and GTA game. I will have to sue sony and Rockstar for the cost of shotgun and unlimited supply of hookers to ease my urge for the rest of my life.
Mr-Movies (Member) 30 March 2007 9:06 Send private message to this user   
She could be a welfare person but for sure she is a bleeding heart democrat due to where she lives and where the debunked store location is.

Maybe she should stop by Mc Donald’s and get some HOT coffee to put between her legs while on the way to the court house. LOL
PeaInAPod (AfterDawn Addict) 30 March 2007 11:42 Send private message to this user   
Originally posted by Mr-Movies:
Maybe she should stop by Mc Donald’s and get some HOT coffee to put between her legs while on the way to the court house. LOL
lol, In the famous words of Nephilim "Some people have no damn sense"
Gary3072 (Junior Member) 30 March 2007 14:36 Send private message to this user   
Probably just another welfare money-sucking scumbag....what was her "infant" doing playing a video game like that anyways ?!?

Also, why is that all people on welfare who don't work seem to be able to afford a SONY PLAYSTATION!!?!?

This message has been edited since posting. Last time this message was edited on 30 March 2007 23:09

gus738 (Senior Member) 30 March 2007 14:53 Send private message to this user   
i think sony has noting to do with this as clearly it staes on games warnings and such preventions can be made from there its up to the user but hey the person wants to sue sony!
ChiefBrdy (Junior Member) 30 March 2007 16:55 Send private message to this user   
An infant is defined as a child from birth to 2 years old. The rating of the game is "Everyone" which is defined as "Titles rated Everyone (E) have content suitable for people ages 6 and up"

Sony should counter sue this skank for being excessively stupid.
Lv426 (Newbie) 30 March 2007 17:21 Send private message to this user   
@ theKingo7..... best comment ever...spot on!!
zorb43 (Newbie) 31 March 2007 0:35 Send private message to this user   
Hahahaha ... I LOVE it ! Maybe she just got too old and her pimp didn't need her anymore ... An old strung out whore looking to hit it Rich ... Hahaha .....
davydham (Newbie) 31 March 2007 3:46 Send private message to this user   
Well,heres proof once again that the world we live in is just riddled with excruciating stupidity.Number one,they knew beforehand if they were suceptible to siezures,and knowing flashing lights are known to trigger siezures played the video games anyways.How is it fair to blame the gaming industry for your seizures?The fact is this is a genetically delegated aspect of this persons life,and the gaming industry should not be held liable for it.The gaming industry should sue her for bieng a god**** idiot.
davydham (Newbie) 31 March 2007 4:09 Send private message to this user   
I believe what probably happened was she was chain smoking rocks,spent all the stamps on dope and concocted this bogus lawsuit to line the pockets,figuring its worth whatever they'll get.
davydham (Newbie) 31 March 2007 5:00 Send private message to this user   
I have fabricated a new user rating that would make it so video game producers might have a little peace of mind:

RATING: NFIWWCBL

(Not For Ignorant Whores Who Concoct Bogus Lawsuits)
ResIpsa (Newbie) 2 April 2007 10:10 Send private message to this user   
Originally posted by ChiefBrdy:
An infant is defined as a child from birth to 2 years old. The rating of the game is "Everyone" which is defined as "Titles rated Everyone (E) have content suitable for people ages 6 and up"

Sony should counter sue this skank for being excessively stupid.
Actually, the legal defintion of infant in the U.S. is anyone under 18 years of age.
ottesen07 (Member) 10 April 2007 18:49 Send private message to this user   
^really? so if a real infant accidently shifted a car out of park, and a 14 year old did the same thing, they would be tried as the same?

(not trying to outsmart or flame)
handsom (Senior Member) 10 April 2007 19:14 Send private message to this user   
I think the term is considered different depending on whether the described infant or minor is the defendant or the 'victim'. I've heard similar things, where a fifteen year old was referred to as a 'child'; it all means the same thing in a court of law, you're an adult or your not. The only real difference is if you're a defendant and they want to try you as an adult instead of as a child.

Professional Grade Glass Etching - Get your favorite Game/Movie/Anime logos etched into glass, PM me for info.
ResIpsa (Newbie) 14 April 2007 22:02 Send private message to this user   
Originally posted by ottesen07:
^really? so if a real infant accidently shifted a car out of park, and a 14 year old did the same thing, they would be tried as the same?

(not trying to outsmart or flame)
Not at all. It's just terminology. In American courts, persons under the age of 18 are referred to as "infants." Doesn't have any deeper meaning than that.
WoWGold (Inactive) 28 February 2009 18:51 Send private message to this user   
Is it really possible to have seizure because of that game? Are there other games out there that have the same effect? Should I be thankful that I just play and farm SPAM edited by ddp on my PC even for long hours?

This message has been edited since posting. Last time this message was edited on 28 February 2009 20:21

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