This new class-action lawsuit comes from Canadian Firm Lambert Svocat Inc The stated goal of the lawsuit is to “obtain a compensation for all Québec consumers who bought the Nintendo Switch and Nintendo Switch Lite gaming systems, as well as Joy-Con and Nintendo Switch Pro controllers”.
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According to the firm, its client purchased a Switch in November 207, and after 11 months “noticed that her left Joy-Con controller was defective. Her character would move in a direction without her input, a problem known as the Joy-Con Drift”.
Nintendo apparently repaired the faulty controller, but since then the client has also experienced drift on her right Joy-Con, a second pair of Joy-Cons, and another Nintendo Switch controller.
The firm also states that goods have to be fit for purpose and must be “durable in normal use for a reasonable length of time". The argument being that Joy-Con drift issues qualify as a “hidden defect” and fail to meet the standards laid out by Quebec’s consumer protection act.
The lawsuit also alleges that Nintendo hasn’t done enough to make consumers aware of the problem, meaning they can’t make an informed decision before they make the purchase.
Anyone who has been following the Joy-Con drift issues will know this has been a problem since very early on in the Switch’s life cycle. Nintendo issued a formal apology for the problem, and offered free post-warranty repairs for defective controllers. Unfortunately, this is still a huge inconvenience, especially for Switch Lite owners who are unable to remove their Joy-Cons and have to send the entire console off for repair.
Just last year, Nintendo was hit with a lawsuit from a child (and his mother) over Joy-Con drift-related issues. In that instance the argument was that Nintendo hasn’t done enough to fix the problem, and warm customers of the potential issues.