MS blames Xbox "abuse" for deadly fire
by Richard Mitchell 
{ Aug 3rd 2007 at 2:00PM }
Microsoft has now officially responded to an Illinois family's lawsuit in which a fire was allegedly caused by a faulty Xbox console in December of 2004. The fire resulted in the death of an infant, Wade Kline. According to the lawsuit, the fire was caused by an overheating power supply, which became so hot as to start the deadly fire. Microsoft, in response, has stated that the fire was wholly the responsibility of the family, and that it was the result of "misuse or abuse" of the console in question. Furthermore, Microsoft claims that the fire was the result of an "obvious" condition of which the family was aware. Considering Microsoft did not recall power cords until February of 2005 (on account of fire concerns) we're not sure to what obvious condition Microsoft is referring. Microsoft is asking that the case be dismissed and that the Kline family pay the company's legal fees.[Via Joystiq]
Reader Comments (Page 1 of 1)
ccc @ Aug 3rd 2007 2:04PM
Now thats being real dick heads MS.
TORO @ Aug 3rd 2007 2:16PM
Richard, the incident happened around 12/06, a good year and 10 months AFTER the recall, the "obvious" condition is that everyone was aware of the defective power supply.
Still a tragic story, hopefully M$ will atleast pay the legal fees since it IS their Xbox.
TORO @ Aug 3rd 2007 2:24PM
***NVM Mitchell, you were right, the complaint was filed in 12/2006. Just give them the money cheapos!
Quote: "Our sympathy is with the family. However, we are not aware of any evidence that an Xbox caused the fire. Also, the complaint specifically states that an Xbox 360 was involved, but this version of the console was unavailable for purchase at that time."
The family is asking for damages "in excess of $50,000″.
The Wicker Man @ Aug 3rd 2007 2:28PM
Just because a company makes a recall does not mean all consumers are aware of it. If the family in question did not have access to this information then they would of course not be aware of the potential dangers. The family suffered perhaps the most horrible of all loses, and my thoughts are with them. M$ should just pony up, but in doing so they will admit liability to anyone else that has suffered damages. This is where the legal system gets ugly.
Josh @ Aug 3rd 2007 2:30PM
wow MS thats just bad...the family isn't in it for the money, they lost there child for godsake, have a heart you cold corperation.
CL34N3R @ Aug 3rd 2007 2:36PM
Even if this isn't a frivolous lawsuit, MS can't "have a heart" in this case. Doing so would open the door to frivolous lawsuits by every XBox owner. Rule #1 in American business, avoid lawsuits. Maybe I'll hook up the old xbox and start a small fire, burn myself a little. "What recall, I didn't see anything about a recall, I wasn't contacted". See where I'm going with this?
MYPS3KilledMy360 @ Aug 3rd 2007 2:58PM
heartless!
But it not the peoples fault microsoft ships out faulty hardware that can cause death. imagine 360 with warning on its case. may cause death of your family or your games either by fire or scratching. O yeah what happened to that other lawsuit MS had about thw woman complaining about her sons scratched games. Sony needs to learn from MS and blame the lawsuits on other people.
MasterYong @ Aug 3rd 2007 3:05PM
M$ is a corporation. By law, corporations are required to profit as much as possible to benefit their shareholders- BY LAW. M$ cannot settle this out of court unless they have evidence that shows that a settlement would cost M$ the least. Regardless of what they want to do- they are bound by law to screw whoever necessary to make money. You don't like it? Lobby to change the legislature- a lot of people are. Also- I had an original XBox, I had registered it for warranty/recall purposes AS PER THE INSTRUCTIONS that came with the console. Then I moved, changing zip codes even, and M$ tracked down my new address to send me the new power supply when i DIDN'T EVEN FILL OUT the order form they sent TO MY OLD ADDRESS! (and no, I never filled out a change of address form at the post office) M$ went above and beyond to fulfill their customers needs during the recall. Don't brand me as a fanboy though- I've still had 2 360s give me the Ring Of Death.
energyvortex @ Aug 3rd 2007 3:12PM
Had the family simply approached the company quietly through their lawyer, I'm thinking the company would have been more receptive.
As for the recall notices, if they opened their mail, then they got notified. I got FOUR of the damned notices. I COULDN'T avoid knowing. Look, it's horrific that the family lost their child. That's obvious. the problem is that all this is public and very messy now. if MS 'gives in' then every one and their aunt will launch lawsuits claiming anything just to try and suck out some money. I can't help but thinking that had the family done this quietly that MS would have been a lot more receptive to helping them out. Now, there forced into protecting the company and dealing with a pretty crappy public image.
Emily @ Aug 3rd 2007 3:34PM
I hate to sound heartless, maybe I'm just jaded. But it sounds fishy to me. There is no possible way they couldnt have known about the faulty power cord.
And if there's a fire, what's your first reaction? Hell, I don't even have kids, but if there was a fire in my building I'd run around like a chicken with my head cut off looking for my neighbors kids if they were not outside.An infant cant run away, it is the responability of the parents to protect it, The mother and father should have gone for their child first, and it sickens me, but it almost sounds intentional. I'm just jaded though....I hope.
And everyone who is talking about M$ having their hands tied, they are completely right. If they give money to this family, a lot of people are going to start complaining. I didnt buy an X-Box until I was sure the damn thing wouldnt burn down my house. EVERYONE knew about the problems. But hey, maybe everyone knew about the problems.......after this family lost their child.
x silence x @ Aug 3rd 2007 3:57PM
As Rick James once said...
Cold Blooded!
bt @ Aug 3rd 2007 5:10PM
Emily, what are you talking about "everyone" knew there was a fire danger?
If you read this forum and showed concern for heat you'd be accused of "not keeping a clean house" or "you abuse the console" or "YOU HAVE TO KEEP IT IN THE OPEN, NOT IN AN ENTERTAINMENT CENTER" or some other stupid comment from a fanboy.
even after the m$ admission there are fanboys in denial.
David @ Aug 3rd 2007 6:55PM
Jesus. An infant died in a fire caused by a 360. The family wants 50 grand.
Pay the damn money already.
Asking the family to pay M$ legal fees is just insulting.
MYPS3KilledMy360 @ Aug 3rd 2007 11:00PM
wasnt the case in 2004 and the recall wasnt until 05?
Dave @ Aug 4th 2007 11:02AM
Uhhh Guys.
Quote: "Our sympathy is with the family. However, we are not aware of any evidence that an Xbox caused the fire. Also, the complaint specifically states that an*** Xbox 360** was involved, but this version of the console was unavailable for purchase at that time."
Even Steven @ Aug 5th 2007 2:12AM
"There is no possible way they couldnt have known about the faulty power cord."
How did you arrive at this conclusion? How did you know about the faulty power cords before the recall?
Consolcwby @ Aug 6th 2007 4:32AM
MS should have settled this BEFORE it got to the courts. It might be the exact WRONG thing to do in light of the design issues of the 360 being addressed as of late. I'm afraid they will cause a backlash against the gaming division with all this negative publicity...
James @ Aug 7th 2007 12:14AM
I can't believe so many people are saying "just settle out of court already" -- if MS truly did nothing wrong, settling is pretty much an admission of guilt in the court of public opinion, and as an earlier commenter pointed out, it would open the floodgates to all kinds of other suits. By demanding legal fees, they're (rightly, IMHO) trying to make sure nobody else puts them through this without at least a decent case.
I'm not saying the family doesn't have a solid case, BTW, but pulling in the deep pockets -- naming Wal-Mart for *selling* a console they had absolutely nothing whatsoever to do with making -- smacks of exploitation. People love to see the big guy go down, but I wouldn't be at all surprised if MS is right on this one. If they're not, well, I would demand a lot more than what this family wants if my kid got killed...