A new ruling by a federal court judge has denied Harley Davidson’s motion to dismiss overheating claims by Harley bikers, meaning that the class action product liability lawsuit against the biking firm can now go ahead.
The complaint, filed by four bikers in the US, alleges that certain Harley Davidson motorcycles were defectively designed and that their engines run too hot. This excessive heat in Twin Cam 88, 96, 103 and 110 cubic inch engines poses a constant risk of burn injury to bike riders, as well as causing clothing to catch on fire, according to the lawsuit.
Lawyer Greg Owen, who is representing the bikers in this case, explained:
“Harley Davidson has known about this problem from the early 2000s and has the technology to fix it, but has chosen to sell tens of thousands of touring bikes here in California without disclosing this known defect. When Harley customers complain to Harley’s dealers after purchase, Harley’s response is that’s normal and it refuses to offer an effective fix to the problem.”
The motorbike company’s motion to dismiss the claims has now been overturned and the lawsuit will go ahead. Harley Davidson will need to have public liability insurance or another relevant professional insurance policy in place should it lose the case and have to pay damages to the bikers.