Madness or More of the Same? - Harley Davidson Street Forum - Street 500 and 750
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post #1 of 10 Old 07-02-2014, 10:33 AM Thread Starter
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Madness or More of the Same?

Kindly have a look and decide for yourself. How Harley-Davidson Got Sued Over ABS Brakes & Why You Can’t Buy an Airbag Leather Suit in the USA

Allow me to taint the discussion by screaming MADNESS at the top of my lungs. Man buys motorcycle, man crashes motorcycle, man sues motorcycle manufacture for not making sure he would not crash said motorcycle.

Essentially between the lines it reads that man is upset manufacturer took $23,000 of his dollars for the privilege of tossing it up the road.

RISK ANALYSIS, sorry should that read logic?
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post #2 of 10 Old 07-02-2014, 12:37 PM
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Sounds like Harley is going to lose from this article though.

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Lawyers for the complainant will argue that by failing to offer an ABS option on the 2012 Harley-Davidson Electra Glide Classic, the Bar & Shield brand put into the public marketplace a product that was foreseeably unsafe during its normal and intended use. They are arguing that Harley-Davidson did not mitigate the dangers of riding an Electra Glide Classic to the best of company’s ability, and they are right.
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Legal scholars, and those familiar with tort law and product liability in the United States though, will see the case quite differently. And barring specific details and circumstances, the conclusion to this lawsuit will almost certainly side with the complainants, not Harley-Davidson.
Why? The simple reason is the principal of strict liability, as it applies to product liability. A well establish legal doctrine, strict liability creates a cause of action for when manufacturers produce dangerous or hazardous products, regardless of what the standard of care is within the industry as whole, and without any specific negligent act (installing the ABS incorrectly on the motorcycle, for example).
Seems like chances are Harley will be told they should put ABS in their vehicles because it is cheap and it saves lives, which I think is fair. Though I also think these people knew the risk when they bought the product. Under that logic though, imagine what companies could do or not do with their products and then blame the consumer for their decision to buy in the first place.
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post #3 of 10 Old 07-02-2014, 02:05 PM Thread Starter
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so you take legal advice from journalists? Just because sophisticated terminology is strung along and dipped into a veneer of intelligence still does not cover the thickness of stupidity. Oh, not to mention the 2012 Electra Glide was available with ABS... 2012 Harley-Davidson FLHTC Electra Glide Classic Review

Logically it doesn't make sense for a consumer to go out and consciously purchase a bike minus safety features and then turn around and sue the manufacturer because they were sold a motorcycle without safety features. You know that's insanity right?

And then consider that ABS doesn't always save lives https://news.uns.purdue.edu/html4eve...ingOffset.html

Nanny features induce people to overdrive their capabilities from an illusion of safety. Its the exact same reason you will see 4x4's marooned in the ditches during a snow storm. ABS won't save a life, the rider has to save his own life... So they skidded out and crashed, who's to say the ABS was going to stop them in time regardless? Perhaps a lack of ABS actually saved their lives...

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post #4 of 10 Old 07-02-2014, 02:09 PM
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Originally Posted by Livin On View Post
so you take legal advice from journalists?
that's what i was thinking



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post #5 of 10 Old 07-03-2014, 12:08 PM
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Seems like all of this will be leading to mandatory ABS on all bikes. That would solve the problem both for Harley and for this person who is suing them.
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post #6 of 10 Old 07-03-2014, 12:16 PM
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While you scratch your heads over the issue, there is something for prospective Street owners to read:-


Harley-Davidson India Wins Operational Excellence Award in Manufacturing - News
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post #7 of 10 Old 07-03-2014, 01:10 PM Thread Starter
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problem is you cant cure stupid by act of government...
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post #8 of 10 Old 07-03-2014, 10:10 PM
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Originally Posted by Livin On View Post
problem is you cant cure stupid by act of government...
You got that right. You can't cure stupid with an act of stupidity.
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post #9 of 10 Old 07-04-2014, 08:14 AM
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Madness or More of the Same?

Harley will prevail. Plenty of established case law built around lower end models of everything that do not carry ABS.

Harley has a great way of beating most of these claims. "It appears the driver went above their level and ran out of talent". This they have argued successfully for years. That is why the bikes are built to get modifications. So mr newbie rider you added a 110 kit to your bike? Yes I did. And why did you add the 110 kit? For more power. So you modified this bike for more power and now you wish the manufacturer to pay for your modifying the bike above your skill level? Well when you say it like that it makes me sound stupid. Ladies and gentlemen of the jury you heard the rider just say it.



There is no required test for buying what you want in free market society. If the complainant does not lose the main case they will lose on appeal. Harley has a large contingency account to fight and never settle on misfeasance.
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post #10 of 10 Old 07-04-2014, 12:09 PM
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Originally Posted by stude View Post
You got that right. You can't cure stupid with an act of stupidity.
it's like fighting fire with fire



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