Microsoft “Blameless” in House Fire Death
By Shawn on Thursday, August 2nd, 2007 at 12:29 PM PST In Gamer Life, Microsoft, Microsoft
Many of you will remember the story covered by Ron here on Gaming Today about the House Fire “allegedly” caused by a faulty Xbox, that took the life of an infant named Wade Kline. His family has brought suit against both Microsoft and Walmart, claiming the fire was sparked by a faulty Xbox power cord.
“The fire was a direct and proximate result of the overheating of the game’s power supply and wiring,” claims the lawsuit.
Microsoft has responded and is arguing to dismiss the law suit claiming “misuse or abuse” of the Xbox in question led to the fire that claimed the infant’s life.
The family’s “losses and damages, if any, resulted from misuse or abuse of the Xbox console at issue,” Microsoft claimed in court papers filed Friday.
The losses “were the result of an open, obvious, and apparent condition which was known to and recognized by the plaintiff and/or others who, nevertheless, knowingly, willingly, intentionally, and voluntarily exposed themselves to said danger and assumed the risk of incident, injuries, losses, and damages,” Microsoft charges.
Not only is Microsoft moving to dismiss but they are demanding the family pay its legal costs as well.
Microsoft announced a recall of over 14 million power cords, citing fire concerns in February 2005, just two months after the fatal house fire.
I don’t know about anyone else but I’m personally outraged by this response, particularly the “losses and damages if any,” statement. The family lost their home and their child, there should be no question that they did suffer a loss and the mental and emotional damage will last a lifetime. Also that fact that they warned consumers of the potential fire hazard two months after the incident is in my eyes an acknowledgment of the problem at the very least. Until that recall it was not widely known that there were fire concerns with the wiring so how could the family have “knowingly, willingly, intentionally, and voluntarily exposed themselves to said danger and assumed the risk of incident, injuries, losses, and damages.”
Microsoft has incredible gall to deny the family their loss, essentially blame them for the fire, and then demand they pay its court fees. We Americans see countless frivolous lawsuits make big news all the time.. anyone remember the lawsuit that forced McDonalds to label the top of the coffee container with a warning that the liquid inside was potentially hot and could burn you? However in this case I think the suit is justified. Had it occurred a week ago or even 6 months after the recall it might be groundless, but the incident apparently was the catalyst or at very least one of the final factors that led to the recall itself. Microsoft’s lawyers callous disregard for the loss of this family is shocking. What happened to the consumer friendly face the corporation has been so eager to polish and promote of late?
via Information Week on the The TechWeb Network
Now one thing I didn’t mention in the opinion section of this piece is I don’t see Walmart as a legitimate defendant. They did sell the unit but ultimately they are not at fault for a manufacturing issue.
There are other, better reasons to dislike Walmart. This however is not one of them.
Thats just bull. I’m glad they sued them. My Xbox sparked inside to and started a fire, I had to get the fire extinguisher and put it out. What happened to the company that cared? I guess it never did…
I’m curious as to all of the facts in this case. Maybe there’s some details we are unaware of. I.E. was the XBox modded? Were the owners aware of previous overheating of the unit and decided to continue use instead of replacing the unit? I could see a few reasons like this that would be in favour of a Microsoft decision, but also wonder if the family was just an innocent victim ?
“I don’t know about anyone else but I’m personally outraged by this response, particularly the “losses and damages if any,†statement. The family lost their home and their child, there should be no question that they did suffer a loss and the mental and emotional damage will last a lifetime. Also that fact that they warned consumers of the potential fire hazard two months after the incident is in my eyes an acknowledgment of the problem at the very least. Until that recall it was not widely known that there were fire concerns with the wiring so how could the family have “knowingly, willingly, intentionally, and voluntarily exposed themselves to said danger and assumed the risk of incident, injuries, losses, and damages.—
It pretty dumb to blame MS for the way legal statements have to be worded. This is a legal action. Additionally, IF MS is correct and the short was caused by the family (maybe a gigantic tangle of wires and outlets and who knows what else), then their action and point is correct. The most annoying part of your ‘outrage’ is that you simply don’t know (as I don’t) the facts of the case and who was at fault. Innocent until PROVEN guilty. Please get a grip.
Fenris: Valid points. No less troublesome.. there was a loss of life here, the timing looks coincidental to the recall.. and no we don’t have all the facts. Should the facts bear out that MS is in the clear and the family was at fault I’m sure those trying the case will make that clear. I’m not declaring guilt – merely that it seems a callous statement.
I am disgusted by this: IF ANY? They are totally being apathetic! I hate Microsoft even more now. Maybe it was the family’s fault but what Microsoft just said was atrocious. The least Microsoft could do would be to apologize. I like what Sony did in the stupid Resistance case, they apologized inn a public announcment, then in a letter, then in the newspaper. Microsoft would never do something like that.