The difference is the car manufacturer never stated, or even implied that the windows installed on it's vehicles would stop bullets. However, Nintendo most certainly implied (by it's basic nature) that the strap would keep a remote from flying loose.
I agree that in our current society people are way to sue happy (I just saw a pending class action suit where the suit requests $20 each for those effected by the action of a company and requests $17 million for the laywers for fees......
)......however, this suit is NOT frivolous. Nintendo screwed up, they admit they screwed up by recalling them.
i don't see the problem.