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?
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.
#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.
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.