Do I have a case for video game liability?

Question

I brought black ops 3 a couple weeks ago and I have been playing it alot. Over the course of the games I have experience extreme frustration in constantly being killed and it has caused me to throw my controller more than once and finally breaking it. It has caused me to lash out at my mom on multiple occasions due to the sheer frustration of the game. I was wondering if it is possible to bring up a lawsuit against treyarch company, the maker of the game, for causing me emotional distress and breaking my controller. There was no warning on the game that it would affect me like this. This is a serious question please be professional.

Answer 1

You are describing a liability suit. My sense is that based on the facts you describe you will face two serious challenges to making a successful case. Damages and liability.

In order to win a liability case, you must first establish that you have been damaged in some way. According to your facts, your damages are at best, the replacement value of a used controller. I'm guessing that's what, $20 or so? That doesn't cover the cost of an attorney's time to even begin to hear your version of the facts, much less give you advice or pursue a case for you.

After you establish damages, you must prove the company is responsible or has some share of liability for causing your damages. Again, I think this is going to be an obstacle for you. Not placing a warning that the game will affect you by causing you to throw your controller and be mean to your mom would be unprecedented if you were to prevail. AFAIK.