I don't always put the blame on anybody, but when I do, I blame Microsoft.

If something has moving parts (optical drive, hard drive, etc.), then it's best not to move it around, bump it, etc. while it's turned on. I lost count of the number of stories I've heard about people wrecking their PCs by bumping them around while they're on (usually a damaged hard drive). I do think that Microsoft should have made the early 360s more durable given that they knew that many were likely to end up being used by children, but that doesn't necessarily make them responsible for the damages...particularly if there's any documentation included that advises against disturbing the unit while it's in operation.

Really, though, try giving your average laptop computer with a platter hard drive and an optical drive a good knocking around while it's running and see what happens. Actually, no, don't do that. Don't ever do that.

I'm surprised the suit didn't get tossed out as frivolous in the first place.