Harley-Davidson Class Action Says Engines are Unreasonably Hot

Harley-Davidson Motor Company has been hit with a class action lawsuit alleging their motorcycles’ engines run too hot and pose a serious risk of injury.

“This is a case about companies placing profit above human safety and product utility,” plaintiffs Michael Berke and Wolfgang Costello allege in the Harley-Davidson class action lawsuit.

Berke and Costello claim that Harley-Davidson sells their motorcycles at a higher price than its competitors, taking advantage of its status of having one of the strongest brands in the world.

According to the Harley-Davidson class action lawsuit, the Twin Cam 103 engines are plagued with a design defect that poses a risk of significant injury due to an excessively hot engine. The plaintiffs claim that the engine defect can cause motorcycle riders to suffer burns on their bodies.

Berke and Costello allege that the Twin Cam 103 engine is also prone to wear out more quickly than expected, requiring replacement at a significant cost.

The motorcycle engine defect class action lawsuit asserts that Harley-Davidson was aware of the engine defect and had a duty to warn about the dangers associated with it. However, the plaintiffs claim Harley-Davidson failed to address the engine defect and failed to adequately warn consumers about the issue.

“Like the earlier Twin Cam engines, the Twin Cam 103 is ‘air-cooled,’” the Harley-Davidson class action lawsuit says. “That means that the engine is, b design, cooled exclusively by the flow of air. Simply put, if there is no or little to no airflow, which is caused by moving the bike to allow air to flow over the engine’s fins, the engine is not cooled. As Harley-Davidson is aware, air-cooling as a method of keeping and maintaining a safe and efficient heat level has limited effectiveness.”

According to the Harley-Davidson class action lawsuit, most cars and motorcycles have a liquid-cooling system made up of a radiator, water pump and hoses that circulate water and coolant throughout the engine. The Twin Cam 103 engine lacks a liquid cooling system and relies entirely on air to cool the engine.

The plaintiffs claim that the air-cooling system is insufficient to cool the Twin Cam 103 engine to a safe temperature, and that the design defect poses a threat of injury to motorcycle riders. According to the Harley-Davidson class action lawsuit, the motorcycle company has known about the defect since at least 2006.

Berke and Costello each claim that they purchased a Harley-Davidson motorcycle from dealerships in California. They say that they have experienced intense heat from their motorcycle engines and that they were not warned about the dangers.

Berke and Costello seek to represent themselves and a Class of California residents who have purchased, owned or leased a Harley-Davidson motorcycle with a Twin Cam 103 V-Twin engine.

The plaintiffs are represented by Christopher P. Ridout and Hannah P. Belknap of Zimmerman Reed LLP, Raymond P. Boucher and Shehnaz M. Bhujwala of Boucher LLP, and Gregory J. Owen, Susan A. Owen and Tamiko B. Herron of Owen Patterson & Owen LLP.

The Harley-Davidson Twin Cam 103 Engine Class Action Lawsuit is Michael Berke, et al. v. Harley-Davidson Motor Company Group, et al., Case No. 2:16-cv-08939, in the U.S. District Court for the Central District of California.

UPDATE: On December 22,2016, the Harley-Davidson Twin Cam 103 Engine class action lawsuit was voluntarily dismissed.