Four motorcycle riders sued Harley Davidson in an eastern California court, alleging that Harley’s motorcycles are prone to overheating and burn the legs of riders. Harley asked the court to dismiss the case. The court ruled recently that the case could move forward as a class action.
The motorcycle enthusiasts argued in the Eastern District of California court that Harley knew as early as 1999 that its motorcycles produced excessive heat that could burn riders’ legs. The riders also claimed that all Harleys manufactured since 2006 came with defective transmissions.
The court found that the plaintiffs needed to revise their case against Harley, but allowed the motorcyclists to continue with their claims for fraudulent and unfair business practices, unjust enrichment, and violations of Consumers Legal Remedies Act. The judge ordered the plaintiffs to revise their complaint to provide more details about when they discovered the defects, because it’s not clear whether or not the statute of limitations has run on their claims. The judge granted Harley Davidson’s motion to dismiss on the claim of unlawful business practices.
Any brand of motorcycle could have defects that cause it to be dangerous. By law, motorcycle manufacturers owe bikers a duty to sell motorcycles that are reasonably safe. If a motorcycle is unsafe because of a manufacturing or design defect, and that defect makes the motorcycle unsafe for its intended use, any party that is harmed as a result has a case against the manufacturer for products liability.
If you have been seriously injured due to a motorcycle manufacturing or design defect, contact Orange County personal injury attorney Don Sjaarda at 714-963-8216. You have legal rights against the manufacturer. Call today to learn more.