14 DAY TRIAL // Remember the news about that Xbox that killed an infant? Microsoft is now asking a court to dismiss that very lawsuit, filed by the Illinois family, claiming that their child died in fire started by some sparks coming from a faulty Xbox console. Microsoft, in typical Microsoft manner (not that they couldn't be right either) claims that the family must have "misused" or "abused" of the Xbox, thus leading to the blaze.
According to Tmcnet.com, "the family's 'losses and damages, if any, resulted from misuse or abuse of the Xbox console at issue,' Microsoft claimed in court papers filed Friday. Well, I have to say that's pretty radical. Have they investigated the situation thoroughly? Are they sure that it wasn't actually the Xbox that was simply "dysfunctional?" And why doesn't the filing provide any details on how that Xbox abuse actually occurred, also remains a mystery.
Charging on... "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", the same site reports.
Not that I'm taking sides here, but when we first heard of the tragic incident from InformationWeek, they related it to Microsoft's announcement some while ago, of a recall of more than 14 million Xbox power cords, warning of "fire" hazard. But hold on tight, 'cause the story is yet to become more complicated, in favor of Microsoft.
When the family filed their lawsuit, the suit mentioned an Xbox "360" system. Given that the tragedy had occurred in 2004, long before the 360 was out, the machine could have only been an original Xbox.
The company's response to the suit recently brought to them back then...: "Microsoft recently learned about this tragic incident that occurred in December 2004," a Microsoft spokesman said in an e-mail. "Our sympathy is with the family. However, we are not aware of any evidence that an XBox caused the fire. Also, the complaint specifically states that an XBox 360 was involved, but this version of the product was unavailable for purchase at that time."
Who's right and who's wrong, that remains to be seen. But if indeed the machine that sparked the blaze was an Xbox (1) (and of course if someone manages to prove that), Microsoft will have nothing more to say but sorry.