Lawyer Sues Over "Seizure Triggers" in Videogames

[LeonLethality]

don't the video game manuals clearly state to see a doctor before playing video games if you have history of seizures and the like?

edit: also it's funny how this started from a four year old buy getting a seizure but it's for children 5-18 ironic isn't it?

 

[Cousin_IT]

This lawsuit has prompted me to sue book publishers, producers & authors for not doing enough to mitigate the risk of readers suffering papercuts

 

[TheBarefootBandit]

I thought this was a rant on quick time events. Bu dum tish.

 

[Quaidis]

I can appreciate and understand what he's doing. Some companies use the seizure warning at the front of the manual as a free pass to have no limit on the colors flashing all over games. Some developers do go through a seizure test. Not all do.

Coincidentally enough, I had a seizure when I played the first Spyro, followed by excessive vomiting and a migraine that lasted me three days. It only took a few minutes for it to happen. Most of the reason was the pretty colors, some of it had to do with the controls and camera. I have a feeling that the people that made the Spyro games (or at least the original series, since I haven't had any problems with the "Legend of Spyro" series) probably haven't improved and didn't do the seizure test, that they hid behind the seizure label instead.

The fact that the old Spyro games were targeted doesn't surprise me whatsoever. And if they become a base, an example, that developers should take the seizure thing slightly more seriously, I think that's a good thing.


On another topic, doesn't this article remind anyone of the one Pokemon episode that sent tons of kids on the land of the rising sun into seizures? Good times.

 

[Croaker42]

The television show Full House used to make me vomit, do I have grounds to sue Buena Vista Productions?

I had much the same reaction. I think we have a suit going.

OT/ No but this just a money grab by a lawyer who dosen't know what he is geting himself into. We will make him look stupid this time but if he pushes we will make him look like Jack.

 

[Undercover]

"Without federal legislation to compel the video game companies to take action, we have no choice but to litigate on behalf of the victims."

Translation: "Because the government doesn't have legislation in place and its been a slow year at my law firm, I needed to find something both actionable and headline-grabbing to blow out of proportion and turn into a litigous side show in order to squeeze some money out of video game manufacturers and get my name all over the internet."

Fuck you, Kenny. Fuck you right in your ear.

This is just another asinine money grab by some fucking lawyer looking for a spotlight and nothing more. Strobelights cause seizures, anybody suing manufacturers of them? A dripping faucet can bring on seizures, does anyone sue the manufacturers of those? There are so many different triggers for so many different kinds of seizures, this asshole just wants to get famous under the guise of "Champion of the children and the oppressed!" (With one hell of a contingency fee.) (EDIT) Besides, didn't someone already mention the "Health Warnings" on the FIRST PAGE of every game manual? That alone should stop this ridiculous suit in its tracks. (End EDIT)

I think I'm gonna be sick.

 

[The_root_of_all_evil]

I still remember seeing seizure warnings on ALL my old NES instruction books. They've been on this for a long time, and class action lawsuits like this benefit nobody but the lawyer.

I generally read personal injury lawyers [http://video.google.com/videosearch?q=jim the hammer shapiro] as "Ambulance Chaser".

Totally. Though I'm amused by him being called Kenny, it brings all the South Park jokes back though.

Saying they're responsible for epilepsy is stupid though. Epileptic fits can be set off by any strobing light, temperature change or low blood sugar level.

It's like blaming lift(elevator) makers for the suffering they cause claustrophobic.

Personally, I'd steer well clear of Depakote though.

 

[butikilledu47]

Video games have seizure warnings. Lawsuit = fail.

what he said. and is it just me, or am i seeing more and more people going after video games for stupid reasons? one example being people blaming violent video games for violent behavior, etc.

 

[fix-the-spade]

So he's sure it's the game caused the seizure. Not the screen refresh rate, external lighting, spontaneous triggering, impact (4 year old boy, brother, they'd never hit each other would they...).

I can see this getting thrown out unless he's got some very, very compelling evidence. Given that Sony has enough lawyers to storm Belgium (probably) and millions of people aren't collapsing in seizures.

It would be good to know if the boy is epileptic, or if the lawyer intends to try the angle of the game making the boy epileptic, which would be hilarious.

 

[Undercover]

(Snipped for space)

It would be good to know if the boy is epileptic, or if the lawyer intends to try the angle of the game making the boy epileptic, which would be hilarious.

HA! I was going to touch on this in my post but you beat me to it, you raise some very good points my friend. I think this whole lawsuit is already dead in the water, just based on the opinions and quick thinking of The Escapist's hordes of gamers and free thinkers... We all know what this is really about.

 

[ElegantSwordsman]

I wonder if they're also suing strobe light manufacturers

 

[DeadlyYellow]

I dunno if it's still the case with Nintendo, but the Gamecube was notorious about it's safety warnings. They were at the start of every game, plus included an insert in every box.

 

[Ashtovo]

This is really, really, really stupid. You don't sue florists when you get an allergic reaction.

Videogames=(Moving Pictures + Flashing Lights)=Epileptic reations

God, this is so stupid.

pretty much this

 

[MarsProbe]

Oh, here we go then.

Interesting that their site lists them as being "Video Game Seizure Lawyers". Surely with such a speciality, they will have extensive knowledge of video games as well as photosensitive seizures?

Also, just noticed what seems to me to be some humerous wording on the site:

The threat of suffering a seizure as a result of playing a video game may be very real for 90,000 American children. Attorneys at Kenny & Kenny, PLLC have made it their business to fight to secure adequate compensation for victims and their families. This may include a lifetime of:

* Medical bills
* Lost job opportunities
* Pain and suffering
* Mental and physical complications.

It's good to know, that if you win the case, you are in line for an extended period of unemployment, along with the potential for an incredible amount of pain and suffering. Where do I sign up?

 

[chronobreak]

I think it should be said as well that just because you have a game does not mean you have the booklet for it or anything like that. Everybody and their mother should be aware there is a potential for seizures, but this is another loophole we are talking about. I was also not aware of strobe limits in television, that something like that would be enforced. But, I suppose if I were subject to seizures I would have a different take on the whole thing. If they can prove this in court to be an issue affecting loads of gamers, more power to them, but use the money for something benefecial to the gaming community, please.

 

[Irridium]

hm... lets see if Dragon Age has a siezure warning...

yep, the first bloc of text in the whole book is about siezures.

Lets go back a year, to Fallout 3... yep, same thing, first bloc of text is a warning for siezures.

Lets go even farther, to Halo 2... Yep, same thing with that, first bloc of text is a siezure warning.

Its the same with the rest of my PC/360/PS3/Wii games.
The same is true with all my PS2/Xbox/Gamecube games.

Hell, there are even warnings in all of my Playstation 1 games.

 

[FightThePower]

Seriously, EVERY game manual has epilespy/seizure warnings. What else can they do?

 

[Treblaine]

This is really, really, really stupid. You don't sue florists when you get an allergic reaction.

Videogames=(Moving Pictures + Flashing Lights)=Epileptic reations

God, this is so stupid.

/thread

This is like trying to sue Canon or Philips for their flash photography cameras.

I feel sorry for those suffering with epilepsy but they have to realise that in these cases ONLY the lawyers win as they will get most of the money with their fake concern.

Also, no amount of flashing can induce epilepsy, it can merely TRIGGER epilepsy. Again it is the PARENTS' FAULT for letting their child who they should know is epileptic play a game that could be a trigger.