San Diego (TX) - In 2006, a teenage girl was nearly killed when her home was set on fire, which was later blamed on faulty wiring in the family's Xbox.  

Now the main lawyer in the case is offering Microsoft an ultimatum - agree to a settlement of $25 million or he will have Bill Gates testify on whether or not Microsoft was aware of the problems in advance.

Three years ago, Microsoft recalled over 14 million Xbox power cords because of the possibility of overheating.  For the Lazo family, though, the recall didn't have the desired effect.

In June 2006, Kayla Lazo "virtually became melted" when the Xbox in the family's San Diego, Texas home caught on fire and turned the house into a raging inferno, according to documents filed from family lawyer William Tinning.

After filing the lawsuit in November 2006, Tinning is now putting the pressure on Microsoft.  He wrote a letter demanding the software giant to agree to a $25 million settlement, threatening that if its demands were not met by April 18 it will try to force Bill Gates to testify in the case.

Kayla sustained substantial burns and ended up losing one of her legs.  Kayla's mother Bonnie Broquet, who originally filed the suit, has since died due to unrelated causes.

Also named in the suit are Gamestop and Chinese power cord specialist Ji Haw Industrial.  At least four other high-profile fire cases have been attributed to faulty Xbox manufacturing.

So let's get this straight...

Mar 31, 2008 12:11     

First, did the family actually do the recall and replace the power cord? Second, why is it Microsoft's fault the house burned so quickly. Did the family not have smoke detectors? Too many fires happen every year due to electrical problems in homes. Often caused by new electronic equipment. Singling out one device is a sign of greed and stupidity. This case will probably get thrown out because MS did take steps to correct the problem, and the family probably ignored that. Sad for the family, but you can't fly through life on autopilot and expect someone to pay for your suffering.

Narg report abuse vote down vote up Votes: +0

Sorry not MS problem

Mar 31, 2008 12:18     

Sue the company the made the cords. Sorry even if MS got the cheapest cord on the planet, the make of the cord still need to make them same the people that bought it from them. I guess MS can sue the cord maker too but really in the end its not thier fault. Now if they knew the cords was faulty before any was sold then yes, but I really doubt that.
Ray report abuse vote down vote up Votes: +0

Not the cord

Mar 31, 2008 13:07     

I'm pretty sure the power cords weren't the problem. It was wiring internal to the Xbox that was the problem. The reason they replaced the power cords was to prevent the cost of replacing all the faulty Xboxes. The recall had you trade your original power cord for a power cord with a GFCI, which is a box that cuts the power to a device when it detects too much current is being drawn. GFCIs are used on hair dryers, so if you drop your hair dryer in the tub it should cut off without killing you. So I guess their shiny new GFCI cord didn't cut off the electricity and their house still burnt down. I don't understand how the the xbox caught fire and the girl didn't just run out of the house before it was a "raging inferno".

Mongar report abuse vote down vote up Votes: +0

How many smoke dectors were in the house?

Mar 31, 2008 13:09     

It is certainly a terrible tragedy, and I don't want to minimize the horror this poor girl and her family have been through... but... wiring sometimes burns. Plenty of electrical appliances can cause fires, that's why smoke detectors were invented. A smoke detector costs about $7, how many were in the house? I can't cook a frozen pizza in my oven without mine going crazy. The lawyer is grandstanding by asking Gates to appear. Pay the poor girl (and not her family) some money and move on.

RockHop report abuse vote down vote up Votes: -1

not MS fault

Mar 31, 2008 13:32     

This is why I generally unplug electrical item out when I go to bed (apart from my fridge/freezer!) Questions I would ask myself in this case, where was the xbox? Was it sitting on the carpet, was it in a well ventilated place, was anything obstructing airflow (I've noticed after afew hours of game play these newer consoles get so hot that you could fry on egg on them). Every electrical item has a potential of catching fire, the best way to minimize the risk is to unplug them before you go to bed or when it is not in use. MS is not liable here, and god forbid if anything happened to the teenage girl the parents would be in big trouble when the authorities for not having a smoke alarm.

Joey report abuse vote down vote up Votes: -1

why should gates care?

Mar 31, 2008 17:38     

He is the head of a huge company, if there was a problem like this do you really think that his employees would have consulted him about it? All he has to do is sit up there and say "I'm sorry for your loss, but I was unaware of the potental for a problem" and then leave it alone. I'm no Gates fan (I think he's a greedy bum who knows nothing about software, but a lot about dirty business tricks) but this is deffenately NOT his fault. Maybe his company's fault, maybe someone who designed a console where 1/5 of them die after 6 mo should be fired, but that's someone else's decision.

Caeden report abuse vote down vote up Votes: +0

Let the court decide

Mar 31, 2008 17:58     

I'm sure they have more info than we have about the situation. The lawyer can 'try' and do whatever he likes, it does not mean it will work.
Ryan report abuse vote down vote up Votes: +0

A lesson in Tort law and smoke detectors

Mar 31, 2008 18:02     

Smoke detectors are completely irrelevant. Tort law is about "if not for" situations. If someone hits me with a car, and at the hospital a doctor screws up and I die, the person who hit me with the car is still at fault because I would have never been in the hospital if not for him hitting me. The same goes for the girl. If not for the Xbox lighting on fire, she wouldn't have been hurt regardless of smoke detectors or fire extinguishers. It doesn't matter who made the cords. Microsoft sold the power cord with the Xbox so they are responsible. Obviously the girl is suing both companies as both are equally liable from her perspective. The one thing she'll have to prove though is that it was the Xbox that started the fire. It's just as likely that bad wiring in the walls caused the fire.

Task report abuse vote down vote up Votes: +0

Joey said: "Every electrical item has a potential o...

Apr 01, 2008 02:32     

Joey said: "Every electrical item has a potential of catching fire", and that says it all! You know of all the EULAs out there that state "The company is not responsible for loss of any kind etc...", Well, sometimes it should be had in equipment, not only in software. True, monopolies and friends should be searched more throughly, but still, "Every electrical item has a potential of catching fire"!

Virtualban report abuse vote down vote up Votes: +0

@ Caeden

Apr 01, 2008 17:28     

"I'm no Gates fan (I think he's a greedy bum who knows nothing about software, but a lot about dirty business tricks)" Gates not greedy at all. Consider that he's donated more money than any body else...EVER!
Headward report abuse vote down vote up Votes: +0

Some of the comments... unbelievable.

Apr 01, 2008 19:45     

This girl nearly died. The article clear points out the fact that the Xbox was blamed as the cause. And a distinct couple of you rabid Xbox fans (usual suspects really) have the audacity to call her family greedy and stupid. Wow. Task is right. If the root causality lies squarely on the Xbox, then she ought to seek compensation. This wasn't a tragic unavoidable accident. This was faulty manufacturing which still plagues the Xbox in various flavors to this very day. This whole article gives new meaning to the ubiquitous "Red Ring of Death".

Fredo report abuse vote down vote up Votes: +1