I’m addicted to eating at restaurants that serve food that tastes good. I wonder how much I can sue them for for not warning me that I might like their wares. What are you ‘addicted’ to? You might make a fortune in court.
A federal judge is allowing a negligence lawsuit to proceed against the publisher of the online virtual-world game Lineage II, amid allegations that a Hawaii man became so addicted he is “unable to function independently in usual daily activities such as getting up, getting dressed, bathing or communicating with family and friends.”Craig Smallwood, the plaintiff, claims NCsoft of South Korea should pay unspecified monetary damages because of the addictive nature of the game. Smallwood claims to have played Lineage II for 20,000 hours between 2004 and 2009. Among other things, he alleges he would not have begun playing if he was aware “that he would become addicted to the game.”
Smallwood, who did not immediately respond for comment, alleged that the company “acted negligently in failing to warn or instruct or adequately warn or instruct plaintiff and other players of Lineage II of its dangerous and defective characteristics, and of the safe and proper method of using the game.”
Wait, it’s the game manufacturers fault you forget where the power button is?
This is a perfect example of why we need massive Tort Reform. It’s bad enough that some ding-a-ling is trying to sue, but the fact that a lawyer accepted the case is outrageous, and then add in the incredible stupidity of the judge to allow the case to be heard – all of this insanity proves the US court system is out of control.
Of course this is just the tip of the iceberg. The real big buck lawsuits are going to be rolling in once the Obamacare bureaucrats step in and start refusing health care due to the expense and patients die. The government won’t be sued, but the doctors who stay in the business will have a big bright red bullseye that says “Sue Me” painted on the back of their lab coats.
Thank you Democrats! You’ll get yours in November.
I’m in partial agreement with #2, in that we do need tort reform. Our society has become one that expects someone else to take responsibility to one’s own actions.
I don’t however see what this has to do with the democrats. The republicans are no different in this area, otherwise we would have had tort reform when they had control of Washington.
More proof we need a loser pays system.
#2
The Trail Lawyers Association has traditionally been one of the largest contributors to the Democratic party. The last thing they want is to limit frivolous lawsuits which require costly attorney fees.
>> okorpheus said, on August 21st, 2010 at 4:47 am
>> Wait, it’s the game manufacturers fault you forget where the power button is?
Spoken like a person who does’t understand the first thing about addiction.
Did the game company know this person spent 20,000 hours playing the game?
If so, didn’t they have some responsibility to stop supplying him the game rather than just profiting from him?
In the states, bars have a responsibility to stop serving drinks to drunks at some point. I don’t fully know that law but it seems reasonable in principle.
As for Uncle Dave’s analogy of a restaurant — I think Dave refutes his own point.
If Uncle Dave sat eating in that restaurant for 20,000 hour non-stop eating until he ballooned up to 1,000 pounds and the restaurant just kept taking his money and giving him food — then, yes, I think the restaurant may have some liability.
>> jbenson2 said, on August 21st, 2010 at 5:11 am
>> This is a perfect example of why we need massive Tort Reform.
Maybe. But for the love-of-god, don’t let conservative do tort reform.
It will be nothing more than a green light for corporations to screw average Americans with impunity.
#6 You are really fuzzy headed, aren’t you?
According to you, the grocery store is responsible for all the fat people now that they can track our purchase with the cards they require for discounts?
Morton and Leslie Salt are responsible for every case of high blood pressure?
The beer company is responsible for every fool that gets drunk on it’s beer?
The Democrats are the ones pushing the nanny state, and pushing the creedo that nobody is responsible for their own choices. Including poverty, pregnancy, or addictions.
Give me a break.
And, Federal Judges are the biggest assholes in the judicial system, along with sleazy lawyers, such as the one who brought this case.
Somehow, amazingly, this slob who found “getting up, getting dressed, bathing or communicating with family and friends” impossible to accomplish was able to drag his fat ass to a lawyer.
This lard-ass loser needs some serious tough love, not enabling.
Still Right,
I’m not a Libertarian — I think that corporations have responsibilities too.
When a corporation profits from KNOWINGLY destroying a person’s life, they have liability.
Your examples are the fuzzy thinking.
A clerk selling salt to a person with high blood pressure has no way of knowing if he/she is killing that person.
However, a bar tender giving six shots to an already plastered drunk creates a liability.
The issue, in this case, is not your crazy emotional hatred for judges.
It’s if the game company KNOWINGLY profited from the ruin of this person’s life.
If this gamer had spent 20,000 hours at 20 different sites, I would completely support the game company.
Or, if the game company had made even a modest effort to caution and then block the player, I would absolve them.
But, most likely, the company knew of this addicted player and rubbed their greedy hands together, knowing they where getting all his money. If so, this creates liability.
Tort reform, yes! Though the Obamameister says absolutely NEIN!
I sometimes wonder if being qualified as an attorney ought to be a DISqualifying factor in running for public office. Do you realize about one third of the Congress are lawyers?
And in the US there is one lawyer for every 270 people? (There is one doctor for every 380 people. Oh! and only 15 physicians in the Congress.)
Anyway, with that many scum suckers looking to pay off their college loans, it’s not surprising to find there was someone who would accept the case. The judge surprises me, although there is no provision for common sense in tort law.
By the way, Still Right, if you weren’t a fuzzy thinker yourself, you’d have have come up with the best example of legal exploiting of addicts: casinos.
In our society, it is perfectly legal to exploit people’s gambling addictions for corporate profit.
But, being clear and consistent, I have moral and legal problems with unrestricted legalized gambling. I think casinos should have a responsibility to monitor their patrons just like bars do.
Is that Eddie’s shirt?
Greg, it is not NCsoft’s fault that the guy is addicted to the game. When someone becomes addicted to something, it is often that there is some underlying issue. Secondly, it is not NCsoft’s job to monitor how long people play any of their MMO’s. It is up to the people themselves to make sure they spend what time they have adequately so that they don’t end up in this kind of situation. It’s Craig’s fault that he’s in this dilemma, not the other way around. I have seen people become addicted to food (thus becoming morbidly obese), games, anime, and Big Brother (which I think is a STUPID show, btw), and I know that it’s their fault. Addiction is something that grows out of the self, not some company that doesn’t know how long you’re playing. This lawsuit is frivolous, and both the lawyer for the plaintiff and the federal judge should be ashamed of themselves!
Cripes almighty! No one takes any responsibility for their own actions any more. There are enough warnings out there on safety, and overindulging so that everyone knows the dangers of everyday life. Life has become sterile because of crybabies. Parks have one swing and a 3′ high slide; everything else has been removed because of someones darling who fell down while they were at home watching soap operas. Greg, you are dead wrong. Dangers and warnings are posted, advertised, and verbally communicated ad nauseum. Use at your own risk. Monitoring patrons only invites more childishness from addicts and shysters… “I managed to trick your monitoring system, therefor you are responsible”.
I imagine if it actually gets to court, there will be a strong case for contributory negligence. Somebody must have been helping him if he couldn’t bathe, or get up, or communicate. Did he have no family? No roommates? How was he paying his bills, his food? Someone else could have helped him stop.
so the game company should settle for whatever, which is what the pantiff wants anyway, then get the marketing department to build a campaign around the story.
#10
It’s if the game company KNOWINGLY profited from the ruin of this person’s life.
What a load of crap. So, why don’t you endorse prosecuting the alcohol companies for drunk drivers? Clearly, the alcohol companies are profiting from alcohol the “victim” bought that ruined of their life too right? When does personal responsibility come into play? No game is so addictive that it is physically impossible for the person to stop playing. None. This entire lawsuit is a frivolous waste of taxpayer money.
#12
RE: Casinos
Again, you cannot nor should you be allowed to sue the Casinos because you have a gambling addiction.
#16
Maybe so, but it should be absolutely clear that the game company should in no way be liable because some joker couldn’t bring themselves to walk away from the game.
addiction is a really mean thing.
It can come from Many sides and in many forms.
I have a few games that CAN BE TOTALLY addictive.
90% of addiction is HOW easy it is to get something accomplished, or the CHALLENGE to succeed, and DOING IT you get a reward.
If the reward is enough to fulfill your Ego, its a BUZZ, and you challenge yourself AGAIN, and AGAIN, and AGAIN.
The NET, is the site that gives you access to those of like minds. THOSE WILLING to play the game with you. you NO LONGER have to search your neighbors/friends to FIND another player for a game.
When you have a life that is BORING and you are not getting AHEAD in the game of life, you LOOK for something that YOU CAN ACCOMPLISH. The problems here are many fold. IF you had learned a hobby, you would probably be doing THAT. From Stamps/models/carpentry/… The problem THERE seems to be COST. What hobby can you do for $10-20 per month? NOT even knitting, will cost you so little. NOWHERE in life, can you find it so easy to succeed and accomplish something that COULD give you some GAIN in your life/net-life.
A psychologist did a study on dogs. He would ring a bell before every meal. AS soon as the bell was rang, the dogs would start to salivate. Even after he stopped feeding them when the bell rang, they would salivate.
A good lawyer will NOT win this, unless the Corp lawyer is incompetent.
There are many things affecting this person.
1. NOTHING ELSE to do but sit at home, no activities. stay home, stay safe while parents are working.
2. FEW friends..
3. Parents NOT HOME to monitor his activities.
4. NOTHING is cheap enough to DO to keep you entertained.
5. AFTER/DURING school activities like acting/chess/auto shop/welding shop/…
I had an addiction to chess (a thousand year old game, incidentally) for about 2 years when I was in high school. I realized I shouldn’t be playing so much, and quit.
The Hawaii guy could just stop playing and got rid of the game instead of suing the game company. If he had been addicted to chess, he wouldn’t have anyone to sue.