Microsoft Sued Over Alleged Xbox 360 Defects

richdun writes "Reuters is reporting that a Chicago man who was lucky enough to purchase an Xbox 360 has filed suit against Microsoft over the overheating and crashing some users have experienced. The man is seeking unspecified damages, litigation expenses, and replacement or recall of all Xbox 360s. While more suits or a class-action is probably on the way, others have sought less litigious solutions."

Comments

Re:It was only a matter of time.

[ezberry]

It seems that ever since going to law school, all I see on Slashdot is people incorrectly claiming knowledge of the law. The parent is a good example.

The Second Restatement of Torts, Section 402A Special liability of seller of product for physical harm to user or consumer, states:
1)A seller of a product in a defective condition is liable if
  a) the seller's business is to sell that product, and
  b) it is expected to and does reach the consumer without modifications
2) Section 1 applies even though
  a) the seller has exercised all reasonable care, and
  b) the sure or consumer did not enter any contract with the seller.

This results in a situation of strict liability.
There is also an implied warranty of merchantability, as seen in Henningsen v. Bloomfield Motors, Inc. (NJ 1960, 671).
Further, this is not about to go away in the near future as the draft of the third restatement includes clause (see the section on products liability).