Not only the Nintendo Switch is part of the problem: the Switch Lite, which came out a few days ago, is also in the lawyers’ crosshair.
We wrote in late July that the Chimicles, Schwartz Kriner & Donaldson-Smith law firm is starting a class action lawsuit against Nintendo because of the drifting that you can experience during the usage of the Joy-Cons. To describe drifting, the Joy-Con could think that the analogue sticks are pushed down towards a direction, even though we don’t do that at all, it moves without our input. The drifting could be avoided if we keep the sensors around the analogue sticks clean, away from dirt or dust particles, as those tend to be the reason behind the drifting. This is a significant problem in the Nintendo Switch hardware.
Now, the Nintendo Switch Lite enters the fray. Polygon reports that even though Nintendo is now offering free repairs for the Joy-Cons to get rid of their drifting issue, Chimicles, Schwartz Kriner & Donaldson-Smith isn’t stopping the lawsuit, which got modified to involve the Nintendo Switch Lite. They write, „The Switch Lite also is reportedly plagued by drifting per a growing number of online complaints. Nintendo knew about the Drifting Defect and the issues with its controller and joystick hardware yet decided to incorporate them into the Switch Lite without first fixing the issue.” It is a short but to-the-point definition of why Nintendo might end up losing this case.
The three lawyers on Chimicles’ side – namely Benjamin F. Johns, Andrew W. Ferich, and Alex M. Kashurba – are on to something, as the Nintendo Switch Lite (which cannot be docked) has the Joy-Cons built into them, so sending them in for repairs means you have to send the whole handheld in to fix the issue.
Source: VG247
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