Out-Law News 1 min. read

Games are not products, says judge dismissing death suit


A US judge has ruled that the maker of the game Mortal Kombat cannot be sued for the death of a child who was allegedly imitating a fight scene from the game with a friend, because intangible ideas are not subject to liability as “products.”

In 1997, 13 year-old Noah Wilson was stabbed in the chest with a kitchen knife and his aorta was severed. The act was committed by Yancy S., Noah's friend.

The victim’s mother, Andrea Wilson, sued Midway Games of Chicago, a major games developer, publisher and marketer, which makes Mortal Kombat for arcade machines and home consoles. She claimed that Yancy S. identified with the game’s character “Cyrax,” who has a “finishing move” that involves grabbing opponents around the neck in a headlock and stabbing them in the chest. She alleged that this is how Yancy S. killed her son and that, at the time, Yancy S. was “addicted” to the game.

Wilson’s lawsuit, heard in a district court in New Haven, Connecticut, argued that the company should have attached a more explicit warning label on the game. She sought damages on grounds of product liability, unfair trade practices, loss of consortium and emotional distress.

The lawsuit sought to distinguish video games from other forms of entertainment because they are interactive, permitting the player “to control, or even assume the identity of, a digitised game character.”

The federal judge ruled that the game is not a “product” under the state’s relevant laws and is protected by the First Amendment. According to The Connecticut Law Tribune, lawyers for Midway successfully argued that the state’s products liability legislation “cannot be contorted to include ideas or expression” in the definition of “product”.

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.