Two years after the initial Wii remote wrist strap lawsuit came and went, a new lawsuit claims that not only are straps still inadequate, but that Nintendo failed to report continued failures.
The new class-action lawsuit filed by Colorado resident Molly Elvig claims that both the initial, thicker replacement strap and the third version with the plastic clasp still fail to secure the Wii remote to the user during strenuous use. Furthermore, the suit alleges that Nintendo has failed to report a single remote strap issue to the Consumer Product Safety Commission in their monthly reports, despite Nintendo support documents that prove the existence of said issues.
GameCyte has the court filing available in PDF format, along with a rather large batch of the presented evidence, ranging from the original Wii Sports instruction manual recommending the forceful use of the controller to Nintendo customer service documents detailing wriststrap issues that occurred, along with the corresponding reports to the CPSC claiming that no new incidents have arisen.
The case is being argued by Elvig’s attorney, Robert Kleinman, the same attorney from the original suit, who told GameCyte that “the pleadings speak for themselves.”
Elvig and her attorneys are seeking damages, corrective action to fix the Wii remote strap issues once and for all, and that a claims process be put in place to compensate people who have incurred damage due to the issue.
A Nintendo representative could not comment on the issue, claiming the company was aware of the suit but has yet to be served.