Microsoft, Wal-Mart Sued Over Child's Death
Computing giant Microsoft and retail overlord Wal-Mart have been named in a lawsuit stemming from the death of an infant boy. The suit claims that a faulty Xbox 360 power adapter caused an electrical fire, killing the boy. Since Wal-Mart sold the unit, it too is named along with the adapter's manufacturer.
The lawsuit was actually filed back in December 2006, two years after the December 2004 fire. But the Xbox 360 didn't launch until 2005, so the lawsuit must actually be referring to the original Xbox, which was launched in 2001. That earlier Xbox did see a plug recall in early 2005, just a few months after this fire.
The family is asking for damages "in excess of $50,000."
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Comments
24
Subscribe to commentsWilliam BischoffJan 28th 2008 8:12PM
The amount of money listed is just a legal formality. The "in excess of $50,000" will be a A LOT IN EXCESS OF $50,000. How in the world is Walmart in any way responsible for this? If there had ALREADY BEEN A RECALL and Walmart continued to sell the item, maybe, but NOT IN THIS CASE. Toys are sold with AGE GROUP designations too. That is especially important in the case of Electrical units. WHAT IS AN "INFANT" DOING ANYWHERE NEAR A TOY LIKE THIS? I think the parents are looking to assuage their own guilt because of their own NEGLIGENCE.
AndrewDec 3rd 2010 4:19PM
@William Bischoff
WalMart is liable because that's how products liability works. Every entity in the supply chain from manufacturer to seller is held strictly liable for product defects.
It's a public policy thing, walmart is in a better position to ensure the safety of the things it sells than the consumer, who will be presumably using the products without ever inspecting them.
CR84Jan 30th 2008 8:47AM
Wal mart is "the" major player in US economy. They have forced out smaller busineses to become the impire that they are. It is absolutely their responsibility to "make sure" safe products are passed on to the consummer. If I am the judge, Wal Mart not only pays, but sets aside funds to be appropriated for future tragedies.
CR84
DisneyManAug 4th 2008 4:41PM
So sad. A child too. I think that walmart should pay $1,000,000 AND go bankrupt
JayDec 12th 2008 11:50PM
There's alot of information missing here. We all know how easily adapters break but how exactly did it start the fire? Was it surrounded by paper or clothes? Where was it at? In the baby's room? I say baby cuz that's what a small infant is, usually under 3yrs old. Was the infant chewing, like they do, on the wire in that room? It is truly sad whenever someone dies, much less a small child or baby. What does suing Wal-Mart have to do with it? How many things would you buy if you walked into a store and EVERY BOX was already opened to make sure there was nothing wrong with the products inside? Just ridiculous. And someone was mentioning if others always disconnect their games. Well, maybe most don't but should. Everyone knows how warm an adapter gets when you leave it plugged in which was apparently done sine they obviously weren't playing the game when the fire occurred. I don't believe any adapter is meant to be plugged in 24/7. But in any case I definitely wouldn't leave adapters for things I'm not using in the sockets nonstop with a baby or small child in the house and I'm sure the parents didn't expect or want this to happen but they have a big part og the responsibility here. Would you leave a car running in the garage all night in an attached garage & hope nothing happens just beacause the door is cracked open? Of course not!
AndrewDec 3rd 2010 4:27PM
@Jay
It's called strict products liability. WalMart is liable because everyone in the supply chain is liable.
For example, I doubt Microsoft was the company actually involved in the xbox's manufacture. They probably contracted that out. That doesn't mean that microsoft isn't liable.
If the xbox was defective, walmart will be paying for at least some of the damages.
Ya don't see me crying about that.
JayDec 12th 2008 11:55PM
One other thought. Were there NO smoke alarms? it's one thing when your an adult and decide to take your own chances by taking out the battery cause smoke from the kitchen or shower steam makes them go off. It's another to risk someone else's health bydeciding the same for them.
Um...May 26th 2007 7:50AM
yea if an xbox started a fire in my house and killed my child, I'd go right to friggin' town on that company, I'd take them for everything they had, that's ridiculous, a child's life and they have to state excess of 50,000 ? that's a child, who will never live... wth?
FYI:Jul 7th 2007 8:12PM
Note to Time Stevens and "Um" in regards to the statement: The family is asking for damages "in excess of $50,000."
This is a legality which must be mentioned in the lawsuit. A certain thresholds, the litigants may move the legal matter to another jurisdiction (such as federal court). A precise monetary amount is not always given; a jury can determine whatever amount it sees fit for punitive damages.
h.j ChheungJul 23rd 2007 9:46AM
The case should be published after legal determination for all to see what truely had happended.
hottie1122445Aug 2nd 2007 10:15PM
this is horrable and an outrage this frigen child died and there has to be a lawsaut if i where walmart i would give the freaken family the money.thanks to them this innnicont child will not be able to see the rest of its life.that is such a horrable thing.my love goes out to that family.may he or she rest in peace.
fernandoAug 5th 2007 12:24PM
We should be aware that nothing in this world is safe. The procducts of which we speake are sold for a purpose and that purpose to make money, not save lives. Therefore, any cornor that can be cut to make that extra money; will be cut and the end result could be someones life.
I have always kelpt a strong eye on products like these and kelpt even a closer eye on my children while they used them.
I ask that you do the same.
Fernando Perez Sr
mdrAug 6th 2007 9:31AM
I agree it's very tragic, but how is it WalMart's fault? If you want to sue the manufacturer for their faulty product, fine. Don't people realize that every time they broaden their lawsuit to include companies that sell the products they are only hurting themselves and other consumers. Prices are continually raised due to lawsuits that are inappropriately filed against innocent parties and frivolous lawsuits (this one is NOT frivolous, but it shouldn't include them). This is a very tragic accident. I am sorry for the family but again, how is it WalMarts fault?
AndrewDec 3rd 2010 3:57PM
@mdr
Actually, yeah, Walmart can be held liable.
Its called strict products liability.
happyaddict10Aug 9th 2007 2:00AM
If this were my child i'd be asking "in excess" of 50 million at least.
uhmazingAug 8th 2007 6:19PM
hahaha that kid deserved it. whoever was wasting their time playing the dumb xbox shoulda unplugged it when they were done. its no one's fault. its just one kid. their's plenty more. where were the parents?
RecaAug 8th 2007 8:14PM
$50,000 is nothing compared to losing a child! Talk about a low-ball amount that is a slap in the face that shows just how much both companies care! This family lost their child and their home and they these companies actually think that $50,000 will make their problem go away! Tells you what they think of their customers.
RecaAug 9th 2007 4:08PM
Reply to Uhmazing! You are so un amazing need to learn to read. When was it the last time you saw and infant playing Xbox? How often do you unplug all the gagets you play with when you are done?
You need to learn to understand what you are reading.
RecaAug 8th 2007 8:13PM
$50,000 is nothing compared to losing a child! Talk about a low-ball amount that is a slap in the face that shows just how much both companies care! This family lost their child and their home and they these companies actually think that $50,000 will make their problem go away! Tells you what they think of their customers.
SeaSep 7th 2007 11:49PM
that is so sad to hear about the childs death ("R.I.P little one") no matter how much money the family may get over this "it will NEVER be enough"