Harley Davidson Class Action Says Brakes Are Dangerously Defective

Classic motorcycle company Harley Davidson was broadsided with a class action lawsuit alleging the brakes on certain 2008-2010 models are defective.

Lead plaintiff Ronald Garcia alleges that bad wiring can cause brake failure in 2008 through 2010 Touring and CVO Touring Harley Davidson motorcycles. According to the complaint, wires break as riders turn the wheel back and forth, potentially causing the antilock brake system to fail.

“A rider with a malfunctioning ABS could face an emergency, apply the brakes exactly as instructed by Harley­Davidson, and, with no notice that his motorcycle had a nonfunctioning ABS, lock the wheels — potentially causing a sudden, violent, loss of control that, as Harley­Davidson warned, could result in death or serious injury,” contends the Harley Davidson class action lawsuit.

The plaintiff says that he purchased an affected motorcycle in 2008. Despite carefully inspecting the vehicle, Garcia says that there was no way he could have discovered the alleged brake defect. He says that after conducting some research online in 2019, he learned that his motorcycle could be affected by the defect.

According to Garcia, Harley Davidson has been aware of the alleged brake defect because of consumer complaints and its own tests soon after the 2008 model was released. However, the company only redesigned the bikes in 2011. Additionally, Garcia says no warning has been issued to riders with the 2008 through 2010 models, nor has there been any effort to fix or retrofit the affected motorcycles.

“Despite having known of the wire-breakage problem since at least 2008, despite knowing that the operator of a motorcycle with a defective ABS wiring harness would not have any immediate signal that his motorcycle lacked ABS, and despite knowing that a rider following ABS braking instructions on a motorcycle lacking it could apply the brakes in such a way as to cause serious injury or death, Harley-Davidson has taken no action to notify owners and operators of these motorcycles about this defect, or to repair, replace, repurchase, or upgrade affected motorcycles,” alleges the class action lawsuit.

The Harley Davidson motorcycles affected by the alleged defect cost approximately $20,000 when they were initially sold. According to the complaint, Harley touted their antilock brake system as offering “consistent braking and stopping power under all operating conditions.”

Wires between the speed sensor and the engine control unit break during normal turning motions while riding the affected motorcycles, alleges the class action lawsuit. The rider has no way of knowing, says the plaintiff, that their antilock brake system may have been compromised.

The brake defect allegedly causes the system to lock up when riders apply the brakes as instructed in the event of an emergency requiring a quick stop.

The Harley Davidson class action lawsuit seeks to represent a nationwide Class of consumers who purchased or leased a 2008 through 2010 Touring or CVO Touring motorcycle, along with a California subclass.

Lead plaintiff Ronald Garcia and the proposed Class are represented by Nicholas W. Armstrong of Price Armstrong LLC, and Mark N. Todzo of Lexington Law Group LLP.

The Harley Davidson Class Action Lawsuit is Garcia v. Harley­Davidson Motor Co. Inc., Case No. 3:19­cv­02054, in the U.S. District Court for the Northern District of California.

Read More Lawsuit & Settlement News:

Neocate Infant Formula Linked to Broken Bones, Rickets: Study

Why is Black Lung Disease Still Killing Coal Miners?

What Type of Lung Cancer is Caused by Asbestos?

Regions Bank May Have Charged Illegal Post-Payment Fees on Mortgages