Nintendo could be sued by children over Joy Con drift

A lawsuit against Nintendo could see children suing the games company.

As first reported by Axios (opens in new tab), a rather peculiar situation has arisen around an ongoing lawsuit faced by Nintendo. The lawsuit is reportedly taking place over Joy Con drift, an issue that’s been plaguing the Nintendo Switch ever since it launched back in 2017.

Here’s where things get a little strange. The lawsuit was initiated by two mothers who bought Nintendo Switch consoles for their children, but Nintendo’s lawyers argued they’ve waived their right to sue Nintendo, due to the End User Licensing Agreement with the Nintendo Switch.

In turn, the mothers now argue that their children can sue Nintendo, due to the fact that minors can’t legally agree to the EULA. Nintendo has responded by claiming that the children can’t sue the manufacturer, since they weren’t the ones who actually purchased the Nintendo Switch consoles.

It’s a very strange case, and could well see children suing one of the biggest games companies in the world. That’s all dependent on which way the federal court in California rules, but we should find out soon, as the court is due to look into the matter once again later this week.

As mentioned, Joy Con drift has been a major problem for the Nintendo Switch over the past few years. Nintendo has faced a Europe-wide investigation into the issue, and a class action lawsuit in the U.S., for which Nintendo president Shuntaro Fujiwara actually apologized back in mid-2020.

Check out our upcoming Switch games guide for a full look over all the exclusives coming to Nintendo’s console later this year and beyond. Or if you just got a Switch yourself, check how to charge Joy-Cons for Nintendo Switch here.

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