How do i sue a game?
2 attorney answers
First you review the terms of services you agreed to when you started playing this game. See what is says about resolving disputes with them, and how they limit their liability for internet outages, connectivity issues, glitches, bugs, DoS attacks, hacks or any 3rd party acts or omissions , etc. etc.
Then if you still want to sue for this, you get a lot of money together and hire a lawyer licensed where you agreed to resolve disputes.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments.
You would need to be an adult (> 18yo). You would file to file a complaint in the requisite court. The game was probably developed elsewhere, possibly even a foreign country. The game manufacturer may also be a multinational organization. Then, you will likely need to survive a slew of motions to dismiss. After that, discovery can commence followed by more dismissal motions. Then you will need an expert to say, specifically, what was designed incorrectly on the game, and to prove the issue wasnt user error (ex: your mistake) or platform error (ps4 or xbox's design flaw). After all, it may not be the "games" error, it may be a hardware error with your platform. All in all, you will spend thousands of dollars fighting, and the likely outcome is you will lose. Game dont guarantee save progress. Saves are made on the hardware/hard-drive.
Of course, even if you manage to win, your damages would be valued at like $1. No jury, or judge, is going to place high value on lost save data for a video game. The legal fees incurred would be in the tens of thousands of dollars, paid up-front before any work commences. I would also imagine the video game lobby would have a strong interest in making sure your case goes nowhere. They do not want a precedent that gamers can sue developers.
While you could do that, and go through all of that, i dont recommend it. Even if you win, financially you lose. You arent the first person to lose their save data. None of the others before you, to my knowledge, have successfully sued.