Has anyone tried to sue gamestop?

The coffee was over 30 degrees too hot and caused 3rd degree burns over 16% of her body, including her genitals.

I still think that lawsuit was complete and utter bullshit.

It was bullshit, but technically it was criminally negligent.

"Criminal negligence" implies that someone could get arrested for it(meaning illegal). No one could, or would ever have been(or ever has been for the similar instances at Starbucks and other such lawsuits)...

But just negligence in general? Maybe... It depends on how one feels about the whole "she spilled it on herself"*

Again, there's a difference between something being illegal and just something that one can be sued over... And I think that case proves that it really all depends on one thing: Whether or not a judge determines if the suit is frivolous or not. Since most cases that actually get to trial against big companies(meaning, not frivolous) would likely be settled...

Ah, that is a point. It is a civil law case, not a criminal law case. Although, point in fact, she could have pressed charges against the Mc Donald's franchise as the culpable party for criminal negligence, although I suspect she would have been laughed out of court.

Also, she was not driving when she opened the cup of coffee.

The settlement was reduced, though, as it was decided the woman was partially at blame too.

I'm going to go ahead and call bullshit on the idea that it's possible to sue someone for setting their prices too high though.

It would be possible to sue Gamestop for taking the vouchers out of the game and then sell it as 'new', I believe, but I'd have to read up on applicable laws.

As I understand it, the woman only wanted enough money to cover her medical bills; it was her lawyers that went for the higher amount. Also, Mickey D's had been warned before that their coffee was way too hot.

Yes. Originally, she had wanted $20,000 to cover medical bills (and rehabilitation, I think, as she was disabled for two years following that.) Mcdonalds offered her $800, so she said no, and they took it to court.

It was shown that she had third-degree burns over 16% of her body, which Mcdonalds claims was her fault for not taking her pants off fast enough. Said burns required skin grafts to repair.

Over the course of the trial, it was shown that there had been over 700 cases of people burning themselves with their coffee before.

Never said that anyone could... And actually said the same thing. It'd be thrown out of court.

But I am kind of surprised that the whole Deus Ex scandal hasn't resulted in a lawsuit(if only for a brand new box with everything inside, and not just some $50 gift card)... That one at least has some merits...

edited 5th Sep '11 9:56:05 PM by Swish

IIRC, there's actually some debate over whether or not the On Live thing is illegal. It could be construed as corporate sabotage, and it could in fact land them in hot water.

And then there's the whole "opening games but still selling them as new" bit, which, if some rich company decided to squint, could be false advertising.

So you did. Sorry.

I'd have to read up on applicable news.

Altering the product in any signifigant way (removing ANY contents, damage to the box, etc.) should require them to sell it as a USED item. Too many game stores where I live (mostly EB Games) try to sell used goods (missing CD sleeves and manuals, damaged boxes) as new.

In theory you could sue for however much the onlive game was worth (probably the same as a shelf copy) but who goes to court for sixty bucks, really?

On Live probably has a case, they'll have to decide whether it's worth pursuing though.

Not much you could sue them for, as I don't believe there are any laws against shitty prices. (Seriously, 5 bucks off for a game without the book n cover? fuck that, I'll buy it new from somewhere else)

@Aondeug:...Where do you live, because I swear the same exact thing happened where I live.

The key difference is that the McDonalds incident resulted in significant physical and emotional harm to the victim. Regardless of how much at fault McDonalds really was, someone was hurt because of their product and that gains a lot of sympathy in a legal case.

All any sort of lawsuit to Gamestop would be for the value of the product and nothing more. To put that in perspective, you're not going to get a million dollars because you bought a lemon car from a dealership. The "On Live" thing is arguable on a legal level because there are laws protecting company interests.

@Aon: I'm the same way. I've never had any problems with Gamestop, but I like this local business, Space Odyssey, better since they sell old games. Unfortunately, I think they're out of business now (the last time I drove past for an unrelated reason I think the place was empty).

This is really weird, because I love my Gamestop. I have to drive four hours to get there, but when I do go they're always really helpful and I've found some great stuff for really cheap prices. Then again, my consoles are all too outdated to ever have to buy new games. XD I remember I had a twenty minute discussion with one of the clerks about the benefits of Pokemon Black versus White. My one regret is that they don't sell PS 1 games any more... For that, I go to Slackerz~

I haven't ever seen Gamestop have a better price than Amazon, though that may have changed; I haven't gone there in about a year. And in terms of selection, there's no comparison, since Amazon can sell whatever they can store in a massive warehouse, while Gamestop can only sell what they can store in a relatively small shop.

edited 10th Sep '11 11:43:04 PM by INUH

Technically the Gamestop selection online holds every game in every shop... And usually has a better selection than Amazon... But their in-store selection is crap...

Gamestop sells stuff online now? Huh.

I maintain what I said about prices, though.

They have been selling things online since(at least) 2002... As that's when I got my (used) copies of Suikoden and Suikoden 2

And you're right about prices...

edited 10th Sep '11 11:55:48 PM by Swish