One to watch. Lawsuit for failure to make owner’s manual for arcade game available at Chuck-E-Cheese.

On October 21, 2013, the parents of an eight-year-old girl filed suit for she injuries sustained when playing an electronic game. The parents alleged that the game was violent and the exciting graphics enticed their daughter to play with it. They allege their daughter was injured when she pulled the game’s “heavy headset” down on her head. Damages included headaches and nausea. The parents assert that the owner’s manual states it should be “read before use” and “remain with the machine at all times.” The plaintiffs assert there was no opportunity to read the manual nor any sign advising of its availability. Although the manual also instructs guardians to keep watch over children, the plaintiffs assert there was a failure to warn of that need for supervision, in part due to the manual not being available.

Case Law Alerts, 3rd Quarter, July 2014