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Woman sues over video game-induced seizure

Dela @ Mar 28, 2007 20:22 | 39 comments

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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Comment by: ResIpsa (Mar 29, 2007 08:18)

*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.

Comment by: thebox (Mar 29, 2007 09:07)

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)

Comment by: bobiroc (Mar 29, 2007 10:43)

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.

Comment by: eiffel65 (Mar 29, 2007 11:17)

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?)

Comment by: handsom (Mar 29, 2007 12:59)

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?

Comment by: thor999 (Mar 29, 2007 14:13)

Just tell me where to send the money. Can we pay extra to have her stabbed?

Comment by: tsumiro (Mar 29, 2007 14:58)

i agree with gozilla. SCREW THE PEOPLE WHO TRY TO F*** WITH THE GAMING INDUSTRY CUZ THEYRE IDIOTS!!!

Comment by: WierdName (Mar 29, 2007 17:58)

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.

Comment by: rahula (Mar 30, 2007 09:25)

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.

Comment by: Mr-Movies (Mar 30, 2007 13:06)

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

Comment by: PeaInAPod (Mar 30, 2007 15:42)

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"

Comment by: Gary3072 (Mar 30, 2007 18:36)

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!!?!?

Comment by: gus738 (Mar 30, 2007 18:53)

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!

Comment by: ChiefBrdy (Mar 30, 2007 20:55)

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.

Comment by: Lv426 (Mar 30, 2007 21:21)

@ theKingo7..... best comment ever...spot on!!

Comment by: zorb43 (Mar 31, 2007 04:35)

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 .....

Comment by: davydham (Mar 31, 2007 07:46)

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.

Comment by: davydham (Mar 31, 2007 08:09)

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.

Comment by: davydham (Mar 31, 2007 09:00)

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)

Comment by: ResIpsa (Apr 02, 2007 14:10)

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.

Comment by: ottesen07 (Apr 10, 2007 22:49)

^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)

Comment by: handsom (Apr 10, 2007 23:14)

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.

Comment by: ResIpsa (Apr 15, 2007 02:02)

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.

Comment by: WoWGold (Feb 28, 2009 23:51)

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?

Comment by: Sishasepilepsy (Feb 21, 2012 00:08)

Originally posted by thebox:
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)

Children with seizure disorders are not defective or retarded! Nowhere does the story indicate the woman's financial state and welfare moms are not necessarily dumb broads, on drugs, or whores. I have rarely been so offended by ignorant hate speech! You should be ashamed of yourself! Seizures triggered by visual stimuli happen to many people and while this mother should have paid attention to the warnings it does say it was a rented game and therefore may have been missing the manual, many are missing in rentals as I'm sure you are aware. I do not think this legal suit is an appropriate response but I'm sure this woman is frightened by the potential repercussions for her child. This is a scary way to discover that your child is visually sensitive to flashing lights. I believe the suit is ridiculous but at the same time so are you with your ignorant rant.

   

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