Bryan Weatherford and Kimberly Weatherford said in the filing that they bought an Xbox in May 2003 and that the power supply caused an electrical fire on the 24th of January this year. Microsoft recalled 14 million Xbox cords the following month.
"The fire, resulting from the breaches of warranty and caused by defects of the Microsoft product, consumed the residence of the plaintiffs", the couple said.
The fire caused substantial property damage and loss of use of their house.
"The pyrotechnic propensity of the product rendered it defective, unreasonably dangerous, and in breach of the defendant's express and implied warranties of fitness and merchantability," they claimed.
Microsoft "was negligent" in the design and marketing of the Xbox and in its failure to recall the units. They claim the Vole failed to recall all Xboxes on first learning of the defective design and the likelihood of household fires.
The Weatherfords want all relief the law supplies, including the destruction of their house and chattels, their moving expenses, interim rent, mental anguish, pre-judgment interest, post-judgment interest, costs, attorney fees, treble damages and exemplary damages. µ
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