BIKER sues HD over ABS or not

[RACER X]

http://www.visordown.com/motorcycle-...ase/19709.html


AN AMERICAN who crashed his Harley-Davidson, causing his wife who was pillion to end up brain damaged, is suing Harley-Davidson as he claims he thought his motorcycle was equipped with ABS.

Jack Wilson, who crashed on Highway 99 in California, told the Highway Patrol that his anti-lock braking system had somehow malfunctioned, however, his bike, a 2008 Harley-Davidson Road Glide was never fitted with ABS.

Wilson claims the icon on the motorcycle's idiot lights suggested that it did have ABS. He also claimed the salesman who sold him the bike gave him an elbow-to-the-ribs-type aside and said 'chicks love ABS'.

The defence are claiming that the manufacturer puts this icon on all bikes to ensure that bikes that do have ABS will definitely have the accompanying light. The defence lawyer went on to say: "There's nothing odd or unique about a non-ABS bike having ABS. If the icon doesn't light up when you start the bike, anybody should know you don't have ABS."

The defence have laid the blame squarely at Wilson's door, saying: "He should have known the bike's features after riding it for 15 months and 12,000 miles."

Wilson's wife Judy has been left with skull, facial, rib and scapular fractures and now has a prosthetic skull and permanent brain softening. Pain and assorted disorders will render her unemployable forever, said her lawyer.

In what has become a highly controversial case, the jury have to decide whether Harley-Davidson's product bears a design defect in the form of the 'ABS' icon. If Harley-Davidson are found to be at fault, they'll liable to pay around $3 million (£1.9m) to Wilson and will no-doubt have to issue a huge recall.

The case continues.



Read more: http://www.visordown.com/motorcycle-...#ixzz1gzy5wjhy

[Mikey]

Fuck that guy. I'm no HD lover, but they did the same thing auto manufacturers have been doing forever. It was his bike, he should have known what features it did and didn't have.

The article also doesn't say how the accident happened, but I'm guessing it was rider error, leaving him nobody else to sue, so he went after HD.

[tommymac]

Originally Posted by Mikey

Fuck that guy. I'm no HD lover, but they did the same thing auto manufacturers have been doing forever. It was his bike, he should have known what features it did and didn't have.

The article also doesn't say how the accident happened, but I'm guessing it was rider error, leaving him nobody else to sue, so he went after HD.

Well they do have deep pockets so its easy to go after them instead of his own shortcommings. I can see if he had just bought the bike or was mislead by the dealer.

[Dave]

Wondering what kind of chicks dig abs

[pauldun170]

Originally Posted by Dave

Wondering what kind of chicks dig abs

He meant "abs"....not A.B.S.

Since in the HD world six pack is associated with beer the joke was lost

[azoomm]

Originally Posted by tommymac

Well they do have deep pockets so its easy to go after them instead of his own shortcommings. I can see if he had just bought the bike or was mislead by the dealer.

But, why not go after the dealer?

Heeeeeeeeey... I dig ABS

[Dave]

Originally Posted by azoomm

But, why not go after the dealer?

Heeeeeeeeey... I dig ABS

In a manner which gets you lubed up? I don't believe that technology has that affect on anybody

[Looni2ns]

It's a shame people cannot face their own shortcomings. He's mad at himself, and taking it out on HD. Plus, he'll need the money to help take care of his wife for the rest of her life.

[tommymac]

Originally Posted by azoomm

But, why not go after the dealer?

Its going after the people withthe deepest pockets. They will try to name everyone in th elawsuit from harley, to the dealer and prolly even the manufacturer of the cluster that makes it look like the bike has ABS (If harley doesnt make it themselves)

[Looni2ns]

Indemnify, indemnify, indemnify. It's all in the contracts. Gotta sue 'em all to get copies, then they have to get Protective/Confidentiality Orders before they produce anything. Unravel insurance coverage issues to get enuf. Life care plans don't come cheap. It'll settle. By the time it's said and done, bet they'll be in the second layer of coverage. The last thing HD wants is for hubby to wheel wife into courtroom during trial so the jury can see her.

End result will be a price increase on all new HDs, and huge disclosures re ABS systems on bikes. Somebody's gotta pay for it.