The legal attack was filed by Green Welling against Nintendo of America for the "defective nature of the Nintendo Wii wrist strap for the Nintendo game console".
Green Welling filed the nationwide lawsuit on behalf of owners of the Nintendo Wii in the US District Court for the Western District of Washington.
"Owners of the Nintendo Wii reported that when they used the Nintendo remote and wrist strap, as instructed by the material that accompanied the Wii console, the wrist strap broke and caused the remote to leave the user's hand," Green Welling said.
"Nintendo's failure to include a remote that is free from defects is in breach of Nintendo's own product warranty."
The lawsuit also seeks an injunction that requires Nintendo to correct the defect in the Wii remote and to provide a refund to the purchaser or to replace the defective Wii remote with a remote that functions as it is warranted and intended.
As a result Nintendo has been forced to release a fact sheet explaining proper usage of the Wii Remote.
The tips include: 'Keep a firm grip on the Wii Remote at all times' and 'Make sure people and objects are out of the range of movement before play begins.'
The gaming firm also advises that players should 'keep at least three feet from their televisions and should dry their hands if they become moist'.
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