Friday, December 26, 2008

Lawsuit Alleges Nintendo DS Caused House Fire

The January 2007 fire that caused "substantial" damage to the home of Kentucky resident French Harmon was sparked by a faulty Nintendo DS power adapter, alleges a lawsuit filed by Harmon's insurance company Liberty Mutual.

"The fire was caused by the [Nintendo DS and its AC adapter]," reads the court filing, which was acquired by GamePolitics. "Due to defects existing within the Product which caused a risk of overheating and fire, the Product was recalled by Nintendo."

The lawsuit charges Nintendo with breach of express and implied warranties, strict products liability, and negligence, stating that the fire and "resulting damages...were directly and proximately caused by the negligence, carelessness and/or negligent acts...of defendant the design, manufacture, sale...of its Nintendo DS."

Overall, Liberty Mutual is seeking a payout of at least $236,304--a rough approximation of the sum it gave Harmon after the fire--along with reimbursement for legal fees.


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