Despite the fact that the Nintendo Switch has been on the market for nearly four years, Nintendo seems unable to solve the Joy-Con drift problem. As a result, the company is being sued once again.
This new class action lawsuit is brought by Lambert Svocat Inc. of Canada, and the purpose of the lawsuit is "to seek damages against Nintendo Switch and Nintendo Switch Lite game systems, as well as Joy-Con and Nintendo Switch Pro controllers, for . to obtain compensation for all Quebec consumers who purchased the Nintendo Switch and Nintendo Switch Lite game systems, as well as the Joy-Con and Nintendo Switch Pro controllers."
According to the firm, the client purchased the Switch in November 207 and 11 months later "discovered that the left Joy-Con controller was defective, a problem known as Joy-Con drift.
Nintendo apparently repaired the defective controller, but since then the client has experienced drift with the right Joy-Con, a second pair of Joy-Cons, and another Nintendo Switch controller.
The company also states that goods must be fit for purpose and "durable in normal use for a reasonable period of time"; the Joy-Con drift problem constitutes a "hidden defect" and allegedly does not meet the standards set by Quebec's Consumer Protection Act Id.
The lawsuit also alleges that Nintendo has not done enough to make consumers aware of the problem and that consumers cannot make an informed decision before making a purchase.
Those who have been following the Joy-Con drift issue will know that this problem has been around since very early in the Switch's lifecycle. Nintendo has formally apologized for the issue and offered a free post-warranty repair for the defective controllers. Unfortunately, this remains a major inconvenience, especially for Switch Lite owners who cannot remove the Joy-Con and must send their entire console in for repair.
Just last year, Nintendo was sued by a child (and his mother) over Joy-Con drift-related issues. In that case, the claim was made that Nintendo had not done enough to fix the problem and had not alerted customers to the potential issue.
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