I knew it would happen. Someone with alot of money and enough balls to take on M$. Only if he made it a class action lawsuit.

$5 Million Xbox 360 Lawsuit Filed Against Microsoft
By: César A. Berardini - "Cesar"
Jul. 10th, 2007 5:03 pm
Jorge Brouwer has sued Microsoft, claiming the Xbox 360 scratches game discs. In the lawsuit filed yesterday, the man claimed the Xbox 360 systems are "negligently designed and manufactured."

Brouwer reported that his Xbox 360 scratched two games (Gears of War and Madden NFL 07), and that Microsoft offered to replace them for a $20 fee. He is seeking more than $5 million in damages, according to the court filing.

Source is from www.teamxbox.com

They'll settle out of court. I'm sure the guy will get a nice lump of money. The story will be squashed before many people catch on.

Microsoft offered to replace them for a $20 fee. He is seeking more than $5 million in damages


wha???? ;) it's not a class action??

How is he seeking 5 million in damages from 2 scratched disks? Punative damages? Was he caused mental & emotional distress? Are you sure this isn't a class action?

I dont think the guy will come up with much money. MS lawyers will swat this away.....Seriously, scratched discs suck, but why in gods name does this guy think he deserves $5 million? I hope the court fees put whoever this is in the poorhouse. Greedy ace people.....

It won't be settled out of court. You only settle things out of court that dont happen to all of your customers, like someone slipping and falling at your store. You would never settle out of court for something like this where anyone else could sue you the next day. You take it on the whole way.

Its no different that the lawyer in DC who was suing the dry cleaning company (mom and pop place) for something like 67 million dollars for 'loosing his pants'. At the end the judge threw out the case and made him pay the defense bills as well.

http://abcnews.go.com/TheLaw/story?id=3119381&page=1

He won't get anything. Hed have to prove the xbox wasn't being missused at the time of damage. If it was moved. The xbox is sitting uneven.

So he have to reproduce the damage under normal use. Depending how long he had the xbox. It may be proven he could have had the 360 fixed.


But if anything happens he will only get a new Xbox and those games worth of money so maybe a grand..

I dont think the guy will come up with much money. MS lawyers will swat this away.....Seriously, scratched discs suck, but why in gods name does this guy think he deserves $5 million? I hope the court fees put whoever this is in the poorhouse. Greedy ace people.....


The same reason people think their dead love one is worth millions.. It's all relative to what you think is right.. I applaud the man for taking on on this issue..

Its no different that the lawyer in DC who was suing the dry cleaning company (mom and pop place) for something like 67 million dollars for 'loosing his pants'. At the end the judge threw out the case and made him pay the defense bills as well.

http://abcnews.go.com/TheLaw/story?id=3119381&page=1


Or the person who sued McDonalds for hot coffee, oh wait they won..

It is a class action...he's not looking for 5 million for one wrecked GoW disc...

He might be suing individual. His arguement might be something like "my spot on the leaderboard went down...my guildmates could not play without me....now I have to do my homework and wash my clothes.....I had to get a social life.....Oh the pain and suffering and hardship for having to reset the Xbox once in a while because of the scratched disc.....the hours I had to spend on the phone with Xbox to try and get it fixed....the only compensation that will alieviate my pain and suffering will be about $5 million"

You never know, he may win.....

Or the person who sued McDonalds for hot coffee, oh wait they won..

Different. The McDonalds victim got 3rd degree burns over 6 percent of her body, was hospitalized for over a week, and required skin grafts. There were also hundreds of cases before the victims showing McDonalds knew about the danger of the flimsy cups and scalding coffee. McDonalds was proven neglegent and "mostly" at fault for the injuries. 1 - The coffee was well above 140 degrees F, and 2 the poorly designed lid and cup was not safe for use with such hot liquid in a moving car. Heck, coffee over 155 degrees is not even safe to drink as it will scald the mouth and throat. McDonalds and the customer are both lucky the spill didn't happen in highway traffic where both the coffee's temp and the poor cup design could have been responsible for multiple deaths.

People use this example as a way American's abuse the system, but in actuality it wasn't a rediculous case at all. Beverages that hot are dangerous, and even moreso in a moving car and the suit served as a wakeup call to companies running breakfast drive-thrus that serving hot beverages needs to be somewhat regulated for consumer safety. Coffee should be about 140 degrees, and McDonalds was keeping their coffee closer to 190 degrees on average at that time. Rediculous! I know most of this because I did a study on the case in school.

Scratched discs aren't a threat to anyone's safety, nor will it be easy to prove MS at fault for them. As for 5 million dollars, it's only going to make the judge take the case less seriously.

McDonald's did not throw the coffee in the woman's lap. She spilled it there all by herself. She should have sued herself for being uncoordinated. Try taking responsibility for your own actions rather than always pawning them off on someone else. I'd say its more likely that MS is responsible for a 360 scratching disks than McDonald's was for that dumb woman spilling coffee all over herself. If you think these bizarre, high dollar personal tort claims are reasonable, then you need to have your head examined. It's just like the people who sue tobacco companies for giving them cancer. Well, why don't they sue Honda, Ford, or Toyota when their loved ones die in accidents? Were they not pinned underneath that F-150? For the love of God, why isn't there a warning? You people are the same reason that exhaust manifolds have warnings on them that say "HOT, CHAUD!" I think you should all get burnt once or twice so you learn to be less retarded.

MS deserves many such suits, it will force them to finally admit the 360 is shabbily designed, remedy it, and stop charging customers for what are obviously engineering/design issues.

MS may be big, they may have great lawyers, but that doesn't give them the right to rip people off by selling poor hardware.

Good on the lawyer/plaintiff, it IS called for and long overdue.

My uncle, a civl law trial lawyer loves to defend the case. For the reasons stated above.

McDonalds was aware their lids came off. I believe they had been warned about serving coffee too hot. There were factors people don't consider before using this case as an example of a fivolous suit. After my uncle explained it to us at a family get together, I think he convinced most of us that it was a fair judgement (he's also very convincing, a good trait in a trial lawyer :))

McDonald's did not throw the coffee in the woman's lap. She spilled it there all by herself. She should have sued herself for being uncoordinated. Try taking responsibility for your own actions rather than always pawning them off on someone else. I'd say its more likely that MS is responsible for a 360 scratching disks than McDonald's was for that dumb woman spilling coffee all over herself. If you think these bizarre, high dollar personal tort claims are reasonable, then you need to have your head examined. It's just like the people who sue tobacco companies for giving them cancer. Well, why don't they sue Honda, Ford, or Toyota when their loved ones die in accidents? Were they not pinned underneath that F-150? For the love of God, why isn't there a warning? You people are the same reason that exhaust manifolds have warnings on them that say "HOT, CHAUD!" I think you should all get burnt once or twice so you learn to be less retarded.

I wont reiterate the arguments people made above that the suit was not frivilous, as I think they were well made. I will say that it bothers me when people take the stance that you've taken w/out even knowing the details of the case. People are responsible for their own actions, but they also have the right to expect reasonable service and products from companies. I don't think its "retarded" at all to expect companies to put warnings on labels and produce products that don't rip up your media. Like it or not, we are moving into a future of giant muli-national cooperations. If we have to use occasional frivilous lawsuits to keep them in check than so be it. They certainly are not going to keep themselves in check.

Also, with respect to the tobacco companies, those lawsuits would have never stood a chance if the tobacco companies hadn't purposely and knowingly held back research and information over the last 50 years that indicated that smoking killed people. Sure, the companies were not responsible for killing people w/ cigarettes before they knew for sure cigarettes killed people, but once they knew, and it has been proven that they did know, they should have fessed up and made a statement. Instead, they lied about their research and drug their feet for 3 decades.

All you need is someone with a desire for a quick payout, and an underworked lawyer, and this is what happens.

I've sat as a juror on personal injury cases where I had to physically restrain myself from laughing aloud when I heard what the cases were all about. Out of respect for the court, I chose to bite down hard on the inside of my mouth instead. :)

This seems like more of the same.

I personally am sueing Mother Nature...thats right. I went to the pool when it was 92 degree's out and didnt wear sunscreen and I got burnt.

Yeah it sux that some 360's will scratch your games, I've heard of this alot, it hasnt happend to me but for peeps that can barely afford games only to have them ruined by a $400 system, I'd be pissed too. we'll see where this goes