Anna Bradley-Smith  |  September 27, 2021

Category: Auto News

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harley davidson riders
(Photo Credit: MarinaMonroe/Shutterstock)

Harley Davidson Defective Brakes Class Action Settlement Overview: 

  • Who: Harley-Davidson Motor Company Group, LLC has reached a settlement with two riders.
  • What: The riders alleged in a 2019 class action lawsuit that the brakes on certain Harley Davidson bikes made between 2008 and 2010 were defective. The terms of the settlement are unknown.
  • Where: The lawsuit was filed in California.

Harley Davidson riders Ronald Garcia and Michael Harrison have accepted a settlement from the company, ending a 2019 class action lawsuit alleging that the brakes on certain bikes made between 2008 and 2010 were defective.

The terms of the settlement have not been made public. The company and the Harley Davidson riders told the court that the lawsuit was being dropped without prejudice, two months after they said they had reached a settlement.

Garcia and Harrison said in their initial lawsuit that bad wiring in 2008 through 2010 Touring and CVO Touring Harley Davidson motorcycles could cause brake failure. According to the complaint, wires break as riders turn the wheel back and forth, potentially causing the antilock brake system to fail.

Harley Davidson Riders Endangered by Alleged Defect

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

Garcia said at the time that he purchased an affected motorcycle in 2008. Despite carefully inspecting the vehicle, he said 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, the Harley Davidson riders say no warning had been issued to consumers with the 2008 through 2010 models, nor had there been any effort to fix or retrofit the affected motorcycles.

Do you ride one of the affected motorcycles? Tell us if you’ve had any issues with your brakes in the comments section below!

The plaintiffs are represented by Nicholas W. Armstrong of Price Armstrong LLC, and Mark N. Todzo of Lexington Law Group LLP.

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


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One thought on Harley Davidson Riders Settle Class Action Alleging Defective Brakes

  1. Chris N says:

    I purchased a Softail Standard 2021 from Harley Davidson and had the exact experience outlined in this class action lawsuit. On November 3, 2021 on my way home in Sacramento, CA a large work truck cut off my view causing me to slow down to around 15 to 20 miles per hour. As the truck cleared my view I was now headed towards the back of a stopped vehicle and engaged my right break which resulted in an accident. When I engaged the right front break I was unable to swerve and could only move my handlebars slightly, but not enough to avoid crashing into the back of the stopped vehicle. My motorcycle did have antilock breaks installed and I was told by the salesman when purchasing the motorcycle that 2021 was the first year the Softail Standard was sold with the antilock breaks.

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