The claimant told the court that she purchased the Nintendo Switch 2 last October as a Christmas present for her young son.<\/p>\n
Two weeks after the games console was first used on Christmas morning, she said the Switch began overheating when charging. A third party had looked at the console for the woman and advised that chips on the inside were \u201cfrazzled\u201d.<\/p>\n
She took the console back to the Smyths store in Letterkenny and when staff could find no sign of water damage it was returned to the manufacturer, Nintendo, who claimed that water damage from an unknown substance was found in a part of the item. Nintendo advised the woman that she would have to purchase another console as the error was at her end.<\/p>\n
The woman told Judge Daly<\/a> that she always monitors her son\u2019s use of electronics and the Nintendo Switch 2 was always used while he was on the sofa in the sitting room.<\/p>\n \u201cThe overheating started two weeks after the first use,\u201d she said. The first overheating incident was noticed when she noticed it \u201cvery warm\u201d after putting her son to bed one evening.\u00a0<\/p>\n In Smyths, she said an employee told her that it \u201clooked all good\u201d and would have to be sent back to Nintendo for further investigations. She asked Smyths if the item could be replaced or repaired and was again advised that if she disputed anything she would have to go directly to Nintendo.<\/p>\n Andrew Hanlon, the store manager at Smyths Toy Superstores, Letterkenny, told the court that staff undertake \u201cfairly rudimentary checks\u201d when items like this come back. He said they would first check if an item was charging and would then check the unit for \u201cany obvious deformities or physical damage\u201d.<\/p>\n Mr Hanlon said that staff could not see any evidence of damage, but Judge Daly interjected to tell the witness that he could not give evidence on behalf of a staff member who was not present in court.\u00a0<\/p>\n Mr Hanlon said that the Nintendo Switch 2 console was sent back to Nintendo. He told the court that Nintendo emailed to say that it would not be covered under warranty due to liquid damage and corrosion.<\/p>\n \n You may also be interested in\n <\/p>\n
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