Microsoft’s response to Xbox fire lawsuit

Microsoft asks for a dismissal for the case of the fire allegedly caused by an Xbox that led to the death of a baby.

If you are unfamiliar with the case, there are only a few things in consideration. First off, less than three months after the fire, 14 million Xbox power cords were recalled for fire hazard concerns. Second, Microsoft’s initial response to the lawsuit was that there was no evidence that an Xbox unit caused the fire and that the complaint specifically stated an Xbox 360 was involved when the unit wasn’t even out when the fire occurred (it launched 6 months after the fire).

The specifics of the filing goes as follows. The Kline family’s complaint states that “the fire was a direct and proximate result of the overheating of the game’s power supply and wiring” to which Microsoft replied: “losses and damages, if any, resulted from misuse or abuse of the Xbox console at issue” and that the losses were

the result of an open, obvious, and apparent condition which was known to and recognized by the plaintiff and/or others who, nevertheless, knowingly, willingly, intentionally, and voluntarily exposed themselves to said danger and assumed the risk of incident, injuries, losses, and damages.

Basically, Microsoft’s move to dismiss is based on the victim’s own knowledge of the dangers posed by the console. The Kline family, the plaintiff, is also being asked to pay for legal costs.

Microsoft asks for a dismissal for the case of the fire allegedly caused by an Xbox that led to the death of a baby.

If you are unfamiliar with the case, there are only a few things in consideration. First off, less than three months after the fire, 14 million Xbox power cords were recalled for fire hazard concerns. Second, Microsoft’s initial response to the lawsuit was that there was no evidence that an Xbox unit caused the fire and that the complaint specifically stated an Xbox 360 was involved when the unit wasn’t even out when the fire occurred (it launched 6 months after the fire).

The specifics of the filing goes as follows. The Kline family’s complaint states that “the fire was a direct and proximate result of the overheating of the game’s power supply and wiring” to which Microsoft replied: “losses and damages, if any, resulted from misuse or abuse of the Xbox console at issue” and that the losses were

the result of an open, obvious, and apparent condition which was known to and recognized by the plaintiff and/or others who, nevertheless, knowingly, willingly, intentionally, and voluntarily exposed themselves to said danger and assumed the risk of incident, injuries, losses, and damages.

Basically, Microsoft’s move to dismiss is based on the victim’s own knowledge of the dangers posed by the console. The Kline family, the plaintiff, is also being asked to pay for legal costs.