This particular claim differs in asserting that the Xbox 360 was not “fit for sale”, claiming that the console, when used for normal activity, causes permanent damage to discs making it a product that should never have been sold. Rather than asking for the damaged discs to be replaced, the plaintiff is asking for $50,000 in punitive damages plus legal expenses. Enough to buy heaps of Xbox 360s and games to go with it.
Considering Microsoft has already carried out a very costly recall of the console, one must wonder what their reaction will be over these on-going lawsuits. Having your games destroyed by your console certainly isn't fun, but is it worth $50,000?