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View Full Version : Vivendi, Sony sued over epileptic seizure



MasterKrabs78
03-29-2007, 04:24
When it was released in 2002, Spyro: Enter the Dragonfly was panned by critics who accused it of offering a choppy frame rate, buggy gameplay, lengthy load times, and a dull story. Last month, the game received a more serious knock against it, as a New York woman whose infant suffered a grand mal seizure while playing Enter the Dragonfly filed suit against Vivendi Games, Sierra Entertainment, Sony Computer Entertainment America, and a defunct rental store called Hiawatha Video.

The suit, filed in New York State Supreme Court, claims that the defendants were "negligent, careless, and reckless with regard to the design and manufacture" of Spyro, such that the game was dangerous when used in the intended manner, and that they failed to properly warn consumers of that danger. According to the suit, the child suffered severe and permanent disabling injuries that will affect him "in all activities of daily living" and necessitate lifelong medical expenses.

The PS2 edition of Spyro: Enter the Dragonfly came with a notice on the inside front cover of the instruction manual advising consumers that "a very small percentage of individuals may experience epileptic seizures when exposed to certain light patterns or flashing lights." The notice also tells users to stop playing immediately if they experience specific symptoms of epilepsy, and to consult a physician before resuming play.

On behalf of her child, the woman is seeking damages "for such fair and reasonable amount as may be awarded by a jury of his peers," along with whatever other relief the court may deem just and proper. Earlier this week, Sony requested that the woman specify the total amount of damages she's seeking.

As of press time, neither Vivendi nor Sony representatives had returned GameSpot's request for comment.

This is not the first time a gamemaker has faced a lawsuit over epileptic seizures. In August of 2003, Nintendo won a case in Louisiana against a woman whose son died as the result of a seizure he suffered while playing the Nintendo 64. The judge in that case ruled in Nintendo's favor after the woman failed to respond to the publisher's motion for summary judgment.

LINK (http://www.gamespot.com/news/6168230.html?tag=latestnews;title;1)

Apparently this women is suing Vivendi, Sony b/c her infant child suffered from seizures.... In the article it states that in the instructions manual it said that you can suffer from seizures if being exposed to certain light patterns or flashy lights, and if you were experiencing any seizures that you should stop playing and consult a physician. Seems like these days ppl will get sued over anything :-?

ConsoleCrusader
03-29-2007, 04:26
The warning was in the box....their not gonna get jack

-Zaku-
03-29-2007, 04:27
This won't even (at least shouldn't) make it to court. The warning is in the manual. Has been for as long as I've been playing games. She's just wasting hers and everyone else's time.

MasterKrabs78
03-29-2007, 04:31
This won't even (at least shouldn't) make it to court. The warning is in the manual. Has been for as long as I've been playing games. She's just wasting hers and everyone else's time.

exactly, u know they make manuals for a reason :roll: plus this game has been out for like 5-6 years already, they won't get nuthin

MrFenwick
03-29-2007, 04:39
This is basicly the same kind of crap other people have pulled.

One that is really stupid was the person that sued McDonalds because they where fat. Yet, they won. This world is so messed up.

Galkatokk
03-29-2007, 04:54
Guys, don't be so hard on the lady... her son had serious damage done to him, and we all know how the American health service works... cold hard cash.

Maybe she can't support her son and is trying anything to help him?

You don't know what she's going through right now, not to mention her son.

And this is far more serious than some fat dude suing McDonalds'.

bobtheduck
03-29-2007, 04:57
Guys, don't be so hard on the lady... her son had serious damage done to him, and we all know how the American health service works... cold hard cash.

Maybe she can't support her son and is trying anything to help him?

You don't know what she's going through right now, not to mention her son.

And this is far more serious than some fat dude suing McDonalds'.

Um... That doesn't change the fact it's a frivilous suit... There was likely "serious damage" done to the woman who spilled the coffee in her crotch, the point remains it wasn't McDonald's fault in that case, and it's not Sony's fault in this case. They warned people about it.

Epilepsy sucks, but the people who made the content that set it off aren't to blame for the brain damage and death involved with epileptic seizures. To say otherwise is absurd.

MrFenwick
03-29-2007, 05:00
Yep, the boy could have some serious problem. But its HER fault for not reading the first page in the manual thats been in games since the begining of the video age. If she wins, the judge needs to be shot.

PiP4LyFe
03-29-2007, 05:07
Anything could of triggered this it would of happened sooner or later, READ the manual.

GameSpawn
03-29-2007, 05:13
Not only is that warning on the inside of the manual, but also on the back of some game cases now.

The world is full of stupid people, and this is only more justification.

Zaxtor99
03-29-2007, 05:14
If they win this lawsuit, then I'm for sure gonna sue all the video game companies since I was a kid for all the hours I've wasted on video games back at a rate of $10 per hour plus inflation, plus late fees, plus interest. Heh. It's getting sad, isn't it?

- Zaxx

snooper71
03-29-2007, 05:19
Not only is this warning on videogames manuals, it's also in some TV's manuals.

mickice
03-29-2007, 05:33
Scary, I guess it could have been the flickering of the screen, framerate, anything really .. I'd guess all monitors would effect people with seizures.

I'm just lucky that nothing like that has happend to me, not that it runs in the family, you should just be proud of what you don't have in life i guess.

norbert995
03-29-2007, 05:56
it is in the manual even some stores that i buy my games at tell be the waring and it is on tv and some games tell you the warning when you start the game she does not desereve to win this suit if she did win which i doubt she will the lawer doing the case should lose his licence to practice law and the judge should not be a judge anymore she is just looking for a couple easy bucks

SilverSurfie
03-30-2007, 05:46
If you believe in God, make friends with a mentally challenged kid and sue one/all the churches in the world. Hell God made your homie dumb, he should get some sort of compensation from the 'house' of god...

Lawsuits like this make me shake my head and say this is exactly why you have that stupid Miami lawyer sueing take-two. Someone has to be responsible and nobody in this society has the balls to admit they ****ed up by letting the kid play.

cpike84
03-30-2007, 19:02
This is the most pathetic thing I read all day today. Wow... some people are reaching a lower standard then I ever imagined possible.