hehehehehe things turn from stupid to outright stupid. I am sorry for the infant but what the @#$^% were te ppl doing leaving an xbox running and an infant unattended. I mean what are people thinking that xbox now should come with a smoke/fire alarm and a fireextinguisher??

Once again, who the hell runs the Microsoft PR Department?

"The lawsuit claims the fatal fire occurred in December 2004, even though the Xbox 360 didn't officially launch until May 2005 - an indication that the unit involved may actually have been a first-generation Xbox console."

I guess people like Dave didnt bother to read the actual story before they started ranting about the 360.

Nobody here (including "Dave", whoever he me be) is claiming it IS a 360.

This is clearly an original Xbox.

What difference does it make?

If you leave your INFANT CHILD unattended, you are a moron.

Quote 25 May 2007:
"Microsoft recently learned about this tragic incident that occurred in **December 2004**," a Microsoft spokesman said in an e-mail.
http://www.itnews.com.au...sStory.aspx?story=52830

Quote:
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," Microsoft charges. **In February 2005, Microsoft announced a recall of more than 14 million Xbox power cords, citing fire concerns.**

Betanews writes:
It's not clear what exact "abuse" Microsoft is claiming, although it says the Kline family "knowingly, willingly, intentionally, and voluntarily exposed themselves to said danger and assumed the risk of incident." Microsoft had recalled over 14 million Xbox power cords in February 2005 due to fire risks, and it's not clear if the family participated in that recall.

I am shocked about this communication policy.

I know this sounds horrible, but isn't the first thing many / all parents do is find their children before exiting the building?

Did they just kinda forget they had one? Most parents *I* know will or HAVE jumped into major harms way to save their child.

Like others said, more info's needed, but still. It's always a tragedy when something like this happens.

I can think of only two things that may have happened (minus bad cords, electronics malfunctioning, etc). One is that they left the unit on, which is stupid and I *believe* even stated in MS's documentation. Something along the lines of, "When finished playing your console, please remember to turn off the unit."

The other is that they wrapped/covered the unit. In both cases, shame on the parents. Otherwise, we may need to hear more.

We clearly need more information.

the fire was in dec of 2004 the recall
was May 2005 .They are asking 50,000.

Except the claim specifically states it was an xbox360 (which didn't even exist yet)

Retracted - still wouldn't leave my daughter unattended next to a device that can generate heat though.

I guess an electric blanket is out of the question :'( . It was a last gen xbox though. Plus what makes you think the entire house didn't catch on fire? Details are so vague we can't even assume.

Yes it's just you. I've had two children and I routinely left them near baby monitors, radios, fans, lightbulbs, and probably others. Oddly, none of them exploded.

I'm sure it enables you worldview to blame all incidents like this on "those stupid beer-swilling parents" in this case M$ was pretty clearly responsible and will likely be found that way in the end unless they can prove the Xbox was tampered with in some way.

The wording of the response makes me think they may have evidence to that effect.

Where did you get the idea the claim specifies the 360? It does no such thing.

"in this case M$ was pretty clearly responsible"

You don't have anywhere NEAR enough information to make that assumption.

Oh yes he does! Don't you know that if Microsoft is in business they are by default responsible for everything? Obviously the original poster does and is not biased, which is obvious by his use of the $ when referring to Microsoft.

The lawsuit claims the fatal fire occurred in December 2004, even though the Xbox 360 didn't officially launch until May 2005 - an indication that the unit involved may actually have been a first-generation Xbox console.

just search baby xbox360 and kline, everyone is saying xbox360, so something is amiss.

We should comment once we know more about it, but it's a PR disaster no matter what happens. There's no way a company can look good from these kinds of headlines :(

we dont even know what caused the fire, the story writer just added a tidbit about a powercord but no one knows the "abuse" that was done to the xbox for it to catch fire.

Did anyone sue Apple or Dell when their notebook batteries exploded?

Just curious, not attempting to make a point.

I know Sony was sued over and over. Even though there was a huge recall on those batteries.

Nobody was killed, and from what I recall, nobody was even injured. There were a couple of try-it-on cases, but nothing ever came of them.

You seem to be very sensitive on the "death" deal. Calm down, it happens all around you; and this does not make Microsoft murderers.

"You seem to be very sensitive on the "death" deal.

And you're not? Can I get your address? I know some hungry cannibals who would love to meet you.

OK, I'm going to comment on this since everyone else is being too politically correct to touch it:

Even if they participated in the recall, it is still the fault of the parents. Either they were negligent in covering the air supply (see my other post below), or they were irresponsible in supervising the child and the device.

Am I sorry that a child is dead? You betcha! Am I sorry that the parents have to experience such a loss? You betcha! Is it their fault? You betcha!

Yep.

Agreed. Parents need to stand up and take some damn responsibility for their kids, instead of fobbing it off on everyone else. I know locally there is talk of fining parents for kids causing trouble: like graffiti & criminal property damage. There's no point (and it's socially unacceptable) in punishing the kids with the legal system, as they get off with a slap on the wrist. But if you put the onus of responsibility back on the parents, then maybe they'll actually care that their 15yo kid isn't home @ 2am. :P

But..but..but... a couple of hundred thousand dollars can bring back our baby!!..... after a romantic week out on some tropical island.

I won't stay away from this. Based on the wording of the article, the parents sued Microsoft for an inflammible xbox (or at least an xbox that caught fire). Microsoft accumulated legal fees just going to court, while at the same time Microsoft wants the case to be dismissed. Furthermore, Microsoft wants their legal costs to be directed at the family.

Now, while the parents likely shouldn't have sued Microsoft in the first place [based on the data in the article], another agreement should be met in which the family drops the charges and Microsoft pays off their fees. Will that happen? -Are people not greedy?

"Are people not greedy?"

Normally I'm an a** to people, but c'mon; their child died from what is supposed to be a reliable entertainment device. Then again, look at those laptop batteries...

Then again, if anyone could really confirm whether or not they obeyed the recall, this whole thing will bust open and the family will be held responsible.

Maybe the MS move is to deflect future law suits from individuals that have little merit. If everyone knew MS could get their court costs back if you wrongfully sue them, they would think twice about filing.

That is not to say this is a frivolous lawsuit, I'm just making the monetary connection there.

I feel horrible for this family. I can't imagine what that must be like. Whether or not they were responsible for the fire, it is aweful.

Too little data to discuss responsibly... not that it'll stop us. ;)

Just like religion and politics :D

I'll be nice and stay away from this one too. I don't know exactly what happened either.

Same. Not enough details to really pass judgement on either party.

Well that's a first Holden Caulfield.

poor microsoft can't pay the legal fees.

You wouldn't want to pay them either if someone sued you.

Demanding the plaintiff to pay the defendants legal fee's if the defendant wins is a way to prevent further action by copy cat cases. Perhaps you need to read up a little on legal system tactics?

this is exactly the type of pr you want... xbox = fire = dead baby... oh and btw... you need to pay for our legal fees... if the dead baby didn't make it already bad.

This story is far too short for what it entails. I'm sure we are missing a lot of important info.

Such as how hard the family was persuing the lawsuit and such and what they were demanding.

I will also point out that my business law professor used to tell us you win any case where a child or senior citizen was harmed. I can't remember how many times he told us that, but it was almost every class period. It could be some ambulance chasing lawyer being a greedy bas**** as well. I agree there is too little here to discuss the merits of the case.

Eh, I don't really wanna touch this issue since it involves death; but it's the family's fault for not following the recall.

Electrical fires are quite common, but I doubt it was a matter of abuse to the unit that caused the sparks to be thrown off, unless it was a dog chewing on the cord or something.

Microsoft had recalled over 14 million Xbox power cords in February 2005 due to fire risks, and it's not clear if the family participated in that recall.

This is the key question it seems. If they did, and it still caught fire, then Microsoft have serious problems on their hands, if they did not, then you have to question how well Microsoft made the mains lead recall information widely known.

Personally, I feel Microsoft played down the mains lead issue, and were more concerned about ther Xbox's reputation, that they were about the safety of consumers.

Not necessarily... I've seen many a computer user purposely cover air vents and fans (usually with decorations or negligence).

If you block off the air supply, anything technology is bound to overheat and cause a fire hazard as well.