A man from Kansas has filed a lawsuit against Harmonix over a broken Rock Band bass drum pedal peripheral.

Monte Morgan filed the suit on 18 November in a US District Court for the Northern District of California, stating that the broken foot pedals "deprive [customers] of the value and enjoyment of their purchases".

The complaint accuses Harmonix, as well as MTV Networks, Viacom and distributor EA for breach of implied warranty and violations of California business and consumer codes.

The plastic foot pedals for the original Rock Band drum kit were well-known for breaking, so much so that EA decided to accept exchanges beyond the original 60-day warranty, without a receipt.

However, the complaint states that the defendants ceased the extension, and that as of 1 October this year, peripherals were only covered under the warranty if they were returned within the 60 days with a receipt.

Morgan's complaint stood on the fact that Harmonix had created an improved pedal for Rock Band 2 with a "metal plate".

The complaint stated that this therefore suggested the company was accepting the original design was flawed.

"On information and belief, the defendants modified the kick pedal ... in this fashion to correct the design defect present in the original Rock Band drum pedal", the complaint stated.

Morgan is looking for damages for Harmonix and co's alleged "wrongful conduct" and legal fees.