Mother and child sue Nintendo over Switch Joy-Con drift

The family argues that Nintendo should warn customers about the problem.

Photo via Nintendo

The Nintendo Switch Joy-Con drift problem never goes away for user and the lawsuits just keep coming against Nintendo. The company has already faced a number class-action suits in the U.S. over the Joy-Con drift issue and now a 10-year-old and his mother are suing Nintendo.

The Joy-Con drift causes the controller’s analog stick to activate on its own even when it’s not being touched, causing in-game characters to “drift” even when players aren’t intentionally moving them.

The woman, Luz Sanchez, and her son claim that Nintendo isn’t doing enough to fix the issue or openly disclose the problem to customers, as reported by Wired. “Defendant has had a financial motive to conceal the defect, as it did not want to stop selling the Products, and/or would need to expend a significant amount of money to cure the defect,” the complaint reads.

The family had reportedly bought the console in December 2018 and Sanchez’s son experienced the Joy-Con drift within a month of use. In less than a year, “the Joy-Con drift became so pronounced that the controllers became inoperable for general gameplay use,” according to the complaint. Sannchez then purchased another set of Joy-Con controllers but it also had the same issue after seven months.

Nintendo is well aware of the problem. Shuntaro Furukawa, the company’s president, apologized back in June for Switch’s Joy-Con drift.

The plaintiffs are reportedly asking for over $5 million in damages. The two latest lawsuits against Nintendo in the U.S. went to arbitration, at which point the action is resolved out of court.