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.”
Tort Reform? No. LEGAL reform. Judges should be empowered to dismiss unfounded lawsuits with costs charged to the filing attorney. If there is any common sense, sense that has left my good friend Greg Allen, no gaming site should be liable for excessive play even when it actually happens. There is no “contributory negligence” because the company had no negligence AT ALL!!
Addictive game play is exactly what the public wants and demands and should be provided. Up to us to balance these elements in life.
Greg–there are border line cases where we can argue about “enterprise liability.” Do you really think this is one of them?
Are liquor stores held responsible if they sell booze to alcoholics?
I expect that the answer is not just a simple “yes” or “no”.
As for Tort reform, etc: nothing will stop someone from hiring a lawyer, or from a lawyer accepting the case and filing the paperwork. And before a judge can reject a case, the court has to accept the paperwork. It could be months before the judge gets around to looking at the case, which gives the lawyer time to pressure the company to settle.
Tort reform might make the lawyer reconsider taking the case in the first place. But, if the client pays up front, he won’t care.
Chuck==nonsense–for the very reasons you propose.
Judge: “On my own motion I hold the Plaintiff’s filing to be frivolous and I order Plaintiff’s Attorney to return all monies to the Plaintiff and further that Plaintiff’s Attorney pay all costs to date of Defendant and Defendant’s Attorney if any to defend against this suit.”
That would happen about once per jurisdiction and all attorneys would start giving better advice regarding filing questionable claims.
Course then Nanny State Liberdrools like Greg would complain that negligent parties are getting off scott free.
Yes, “judgment”==something we cal all disagree over. Would make being an attorney more difficult. Who would a thunk that hot coffee in your lap, or MRI machines removing your psychic ability would be meritorious? ((Was the psych case thrown out?==I hope so.))
#10
Oh. Sorry, I have to go to work now, because I am somehow ADDICTED to a fucking income.
Who can I blame for that?
I am sure you can think of someone.
Greg, the typical nanny-state-liberal, said,
“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.”
Hey, Greg,
What if the guy LIKED playing the stupid game? Ever consider THAT? I suppose you would be happy if the cable company BLOCKED your access to something you enjoy, like MSNBC.
I find it incredible that you assume a company or the government has to create rules, procedures and regulations to prevent an individual from exercising their freedom of choice.
But that’s what liberals are constantly engaged in. You see it as a good thing, I don’t.
Vote for Obama, again, will ya?
#25–Stillborn==when liberals put in Nanny State Rules, they are being liberdrools. When conservatives do the same thing, they are being Repukatards. Silly not to recognize how similar the two parties are, and failing to do so just makes you a tool. Or maybe just a dupe? Hard to tell from your postings so far.
Blame is the lazy man’s wages.
Blame yourself as you would blame others; excuse others as you would excuse yourself.
Democracy is a process by which people are free to choose the man who will get the blame. (Laurence J. Peter)
Better to light one small candle than to curse the darkness.
No one is a failure until they blame somebody else.
The first mistake are theirs who commit them, the second are theirs that permit them.
# 18 Thomas “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.”
I agree. Was just suggesting there were other people in this man’s life who need to be hanging their heads. As to whether he was actually “addicted”? Well, addiction is a strange thing. Can happen to anyone. Look at how ECA is addicted to using random capital words!
#28; re ECA’s use of inappropriate caps
Counterweight, allow me to respond on ECA’s behalf. To wit:
SOME people need to be knocked on the head WITH reality. I have found THAT random USE of caps enhances my posts and it tends to make them (those that need TO be knocked ON the head) stop at my particular post as they scroll down the COLUMN of posts. Consequently, my profoundness is not LOST and PEOPLE end up not glossing over my posts AS they do other’s posts (take bobbo’s for INSTANCE) and thereby THEY glean valuable wisdom.
I ALSO understand that if my posts fail to convey my WISDOM, that it is my fault FOR not PUTTING the caps on the correct words. I fully TAKE responsibility for THIS. Therefore I UNDERSTAND that whatever bad thing happens to someone because OF their personal actions after they could have avoided doing that bad thing if only they HAD heeded my ADVICE, that i am responsible! and you CAN sue me as you rightfully should, and I hope YOU win too.
er…. oopsy, never mind, I think I just saw the light. !!!!!
Everyone here who thinks that all adults are responsible for their own actions when they haven’t been given false information to act on and when not actively and physically coerced to do something against their will, is correct.
#29
Correct.
Anyone can be SUCKED INTO a game, or habit, or something that affects them.
As long as they see a positive outcome at the beginning, they will strive to do it again.
And again..
And again..
Even if it becomes detrimental, after a time. They SEEK the same feeling, they CRAVE something.
I do not care if its a Adult, child, Teen, man or women..we can ALL be sucked into a habit.
My problem comes with HOW long it took to get them away from the problem. SOME ONE take the time to SHOW him other things, REMOVE the GAME, get him out side, HOSE him off, get him to a Game, a concert, SOMETHING..
But, our society is SO OVER WHELMED with WORK, and making ends meet, who is at HOME to help your kids.
Well, “I” use CAPS and other forms of punctuation more in reference to MYSELF than anything else. It reflects the emphasis I give those words/ideas myself==only secondarily meant to draw other people to what I think is important. If not caps, what other form of written conveyance would fit that bill? Easier to use caps than to bold or underline. I’d also give up all my caps for my typo’s to disappear. Thats how lazy I am.
Something to think about though.
#29 – #30
Sorry, did you say something? No? Sorry. Thought I detected a disturbance in the CAPS.
#32
then as I would slowly suggest to those that cant read….Go read SLOWLY what I said in the previous 2 posts.
ECA – the previous two posts were by me and Bobbo. Just take your finger off the shift key and you’ll find your posts are much easier to read. Not to comprehend, you understand, but easier to read.
Nope, cant do it.
1/2 the persons here dont even read previous posts. At least mine would be a easy way use as a check mark, to know where you left off.
When there are 100+ posts in an area, it get to be fun discovering where you left off.(gizmodo is worse)
You can look in Cagematch, and here for the last few years, I have not changed the format of my text, for those that still read them. For those just bitching back and forth to Certain users, it matter Not, who has posted or the format. The Screamer in front is yelling at the monkey in back, logic and others have little recourse. This is also how I speak.
I will give you something to notice in Speeches given by our leaders.. Short statements, short pause, then Start with a EXPRESSED first word.. its hypnotic. they should be preaching.
I find it hard to believe but evidently there are chemicals you can take to stop the addiction of video games:
http://games.slashdot.org/story/10/08/22/021243/Anti-Depressants-Used-Against-emStarCraftem-Addiction?from=rss
#37,
Wow, more happy pills..
They make you NOT give a Spit..about anything..including your Life.
I will suggest again..
Where are the parents?
Where WERE the parents?
WORKING to make ends meet.
not teaching/helping the kid. Not out showing him How not to BLOW his hand off with firecrackers.. NOT teaching him to DONT drink mentoes with Soda pop.
…
…
Some please help our society..