Joe User wrote:
> There was a recall on the XBox power cord -- fire hazards due to
> shoddy workmanship or some such. Obviously, if an XBox was involved,
> it wasn't the 360. Sounds like a clerical error in the filing of the
> lawsuit, but that's not important, really.
While it's tragic to lose a child, it sounds like a frivolous lawsuit filed
by a family trying to shift blame for their irresponsibility.
And the version of the console is extremely important. The family and the
lawyer knows exactly what console they had.
> The disgusting part of the story is Microsoft's response. I don't
> think they could sound more inhuman if their jobs depended on it.
Originally (Dec 2006):
"Microsoft recently learned about this tragic incident that occurred in
December 2004," a spokesperson with the company said. "Our sympathy is with
the family. However, we are not aware of any evidence that an Xbox caused
the fire. Also, the complaint specifically states that an Xbox 360 was
involved, but this version of the console was unavailable for purchase at
that time."
http://tech.blorge.com/Structure:%20/2007/05/26/xbox-caused-fire-microsoft-and-wal-mart-sued-over-babys-death/
If the claim says XBox360, how else were they supposed to respond?
Then recently (Aug 2007):
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.
http://www.informationweek.com/news/showArticle.jhtml?articleID=201202289
Something's fishy. The family waits 2 years to file suit, then sues the
retailer and maker (two of the richest corporations on Earth), but asks only
$50,000?
MS must know something we don't.
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