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[cvobiker]

I can't believe this case would even make it to the courts....


http://www.sacbee.com/2011/12/16/4126504/contentious-motorcycle-accident.html

[dayne66]

...how 'bout no airbags

[grandpadoc]

I have a friend that bought a used late model FLH with CVO tins that didn't have ABS. I guess the dealer took it in on trade and "didn't notice" and initially refused to take the bike back. It got settled, but not without a lot of b.s. from the dealer. My bike has a alarm icon on the speedo, but was never equiped with one.  Doc

[T-Hawk]

While I'll never be able to claim I've read my owners manual 100% word for word... I do remember reading about the fact that some of the functions depicted in the many descriptions of the equipment, may not be included/installed with my particular bike.

After 12,000 miles... you had better know your ride... I'll go as far as to say after 100 miles even.

Sounds like a 'rookie' error in brake application... especially if he paniced and released the rear brake, after the rear had come out of alignment with the direction of travel (most likely).

It's sad that there were serious injuries involved with the accident... but this sounds more like operater error, and not manufacture defect.

The smallest Harley I know of weighs in at or a bit over 600lbs... not my choice of First bike.  Learn to ride before you step up to a different weight class... worked well for me.

[grc]

I can't believe this case would even make it to the courts....


http://www.sacbee.com/2011/12/16/4126504/contentious-motorcycle-accident.html

Unfortunately our legal system doesn't recognize common sense, so we get tons of stupid lawsuits filed every year that clog the system and waste tons of money.  If you think this particular case is bad, I could tell you about many many more from my years in the auto industry that make this one look reasonable.  It's this sort of thing that causes all those stupid warning labels to be plastered all over our new vehicles and other consumer products, and the equally stupid warnings in every other paragraph in owner manuals.  Sadly, no one seems to think they are responsible for learning how to use anything properly, but they think the manufacturer's should be able to forsee all the stupid stuff folks could ever do with their products.

If you buy the logic these folks are trying to pawn off, namely that because there is an ABS light (nonfunctional) made into the instrument face it made them think they had ABS, then I suggest everyone get out their flashlights and check out all the items on their instrument clusters in their cars and trucks and sue over every one of them that is for an optional system that isn't installed on their particular vehicle.  We could clog up the courts for the next 50 years with this BS alone.  It has been standard procedure for decades to include optional system indicator lights in all clusters so that we didn't need to have dozens of different clusters.  If the system wasn't installed, the light didn't operate at key on or at any other time.  If the customer actually read the manual, they would know that.  Our legal system doesn't require customers to read the instructions, however.

Sadly, we all wind up paying for these frivolous lawsuits in the prices we pay for products.  Unfortunately, we can't seem to legislate individual responsibility or minimum intelligence requirements for the operation of potentially dangerous products.  I'll bet this particular case will be settled for a pile of dollars, just like many other similar cases, and the costs will just be passed along to the rest of us.  It's the American way.


Jerry

[2018_FLTRXSE]

You ever notice the "smarter" they make vehicles, the "dumber" the operators become? 

[GregKhougaz]

     They keep trying to make vehicles "idiot proof" but they keep allowing idiots to drive.  The article states the case is at the closing argument stage so we should have a result soon.....     Let's stay tuned. 

[grayghost731]

You ever notice the "smarter" they make vehicles, the "dumber" the operators become? 

I do NOTICE 

[2018_FLTRXSE]

     They keep trying to make vehicles "idiot proof" but they keep allowing idiots to drive.  The article states the case is at the closing argument stage so we should have a result soon.....     Let's stay tuned. 

No such thing as idiot proof.. the idiots are too smart.... (They all have degrees in BS)

[Midnight Rider]

Like the man says, "You can't fix stoopid".

The only point I read that might make some difference is whether the salesperson actually told the guy that the bike had ABS brakes.  That would likely be hard to prove, but I would not be surprised in the least to know that a salesperson at any given HD dealership had no clue how the bike was actually equipped.

Still no excuse for the owner not to know, regardless, and the whole "it's got an ABS light (even though it never actually lit up)" is absurd.  I guess it never dawned on the guy to actually TEST the ABS system on the bike to see how it felt when activated.

The sad part is that the woman is f'd up for the rest of her life.  No matter what, that's bad.

[JCZ]

     They keep trying to make vehicles "idiot proof" but they keep allowing idiots to drive.  The article states the case is at the closing argument stage so we should have a result soon.....     Let's stay tuned. 

Yer honor.......I object!  The statement submitted by counselor is non factual and irrelevant at this point.  I submit the factual statements of record:


"Judge Alan G. Perkins sent the jury into deliberations after the incendiary exchange, and it's now the panel's job to determine if Harley-Davidson of Sacramento was negligent in selling the Wilsons the bike and whether the Harley-Davidson Motor Co.'s product bore a design defect in the form of the "ABS" icon."

 

Just funnin with you Greg...bein an attorney and all.

[2018_FLTRXSE]

Yer honor.......I object!  The statement submitted by counselor is non factual and irrelevant at this point.  I submit the factual statements of record:


"Judge Alan G. Perkins sent the jury into deliberations after the incendiary exchange, and it's now the panel's job to determine if Harley-Davidson of Sacramento was negligent in selling the Wilsons the bike and whether the Harley-Davidson Motor Co.'s product bore a design defect in the form of the "ABS" icon."

 

Just funnin with you Greg...bein an attorney and all.

How is the dealer negligent in selling the owner a bike?.... no one does door to door motorcycle sales!

AFAIK a potential customer walks in the door (or inquires on-line) and that opens the door for communication.

You sit on it, play touchy-feely with it, decide if you want it or not and make the best deal you can, with all the stuff you want and ride it home.... (or wait for paperwork to be done and prep)

[tazmun]

 I remember years ago some guy with and FLH got into an
accident, slid up the tank and lost his "personals".
He sued HD, because of the ignition switch took them out,
and he won!!!! From what I heard, he turned around and
bought another FLH! Go figure.

[Wild Card]

How is the dealer negligent in selling the owner a bike?....

The negligence refers to the presumption that the dealer made misleading statements about the bike coming equipped with ABS ("chicks love ABS, etc...). 

[GregKhougaz]

Agreed JC.  Never did personal injury and don't practice now.  This is not so much a case as a lottery.  With $millions at stake, the lawyer has not much to lose and a great deal to gain if he can sucker an ignorant jury into feeling sorry for the woman.  The boyfriend / rider is obviously 100% at fault.  Eager to see how it plays out...  

BTW, there is no "presumption" the dealer said anything.  That was the testimony of the boyfriend.