Class Action Lawsuit Alleges Kawasaki Motorcycle Emits Excessive Heat

On Thursday, Kawasaki Motors Corp. was hit with a class action lawsuit alleging its Vulcan 1700 series motorcycle is plagued with a defect that causes intolerable levels of heat to be released from the motor, making the motorcycle “unfit for ordinary use.”

Bert Napier of Missouri filed the class action lawsuit, claiming that he purchased a Kawasaki Vulcan 1700 series motorcycle on Oct. 6, 2011. He claims that he experienced “intolerable levels of heat while operating said motorcycle under normal conditions,” making it virtually impossible for him to drive the motorcycle. He says that he properly maintained the motorcycle and did not modify it in any way that would lead to this condition. He blames the excessive heat on a manufacturing and design defect.

Napier alleges Kawasaki was aware of the defect before he purchased the motorcycle and had a duty to warn him about the danger posed by the excessive heat. Kawasaki “knew, or by using ordinary care should have known of the dangerous condition of the Kawasaki Vulcan 1700 series motorcycles,” the class action lawsuit says. Further, he alleges that Kawasaki had no reason to believe that consumers would realize the danger posed by the excessive heat given off by the Vulcan engine.

The class action lawsuit alleges Kawasaki failed to warn Napier of the danger posed by the excessive heat defect, and that he was damaged by this failure to warn. Due to the alleged defect, Napier claims that his motorcycle is dangerous and nearly valueless. “The devaluation of the motorcycle at the time of sale was a direct result of the motorcycle engine’s excessive heat defect,” Napier states.

According to the class action lawsuit, Kawasaki began offering Heat Shield Kits in early 2010 in an attempt to alleviate the excessive heat problems associated with the Vulcan 1700 series motorcycles. However, Napier alleges that the Heat Shield Kits do not adequately resolve the issue.

Potential Class Members of the class action lawsuit include “All persons who purchased a Kawasaki Vulcan 1700 series motorcycle who, while having properly maintained said motorcycle unmodified, experience intolerable levels of heat while operating said motorcycle under normal conditions to such an extent as to make said motorcycle unfit for ordinary use.”

The Kawasaki motorcycle defect lawsuit alleges breach of implied warranty of merchantability, negligent design and failure to warn consumers about the alleged defect. Napier is seeking compensatory damages, costs and fees, plus any relief deemed proper by the court.

The plaintiff is represented by Alvin C. Paulson of Becker Paulson Hoerner & Thompson PC.

The Kawasaki Vulcan Motorcycle Defect Class Action Lawsuit is Napier v. Kawasaki Motors Corp. USA, Case No. 4:14-cv-00508, in the U.S. District Court for the Eastern District of Missouri.

UPDATE: Kawasaki filed a motion May 22, 2014, to dismiss the Vulcan motorcycle class action lawsuit, arguing the plaintiff failed to state a claim.