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Last week, a Fed judge ruled that a class action suit against Harley Davidson free press releases could go forward, siding with 4 bike riders who say their Harley Davidson motorbikes were defectively designed because their engines ran so hot as to pose a unceasing danger to riders of being burned and were therefore not fit for their intended use. The complaint alleges that since 1999, Twin Cam 88, 96, 103 and 110 cubic inch engines in Harley bikes produce severe, excessive heat causing clothing to catch on fire, burn wounds and the danger of burn injury to riders and passengers as well as overheating causing early engine wear and in models manufactured after 2006, transmission failure. Although Harley Davidson asked the Eastern District of California court to throw away the claims under state law, the U.S. District Judge sided with the bike riders.
Greg Owen, a partner at LA personal injury attorneys Owen, Patterson & Owen and one of the lawyers representing the plaintiffs in this situation, states, “Harley Davidson has known about that issue from the early 2000s and has the technology to mend it, but has selected to sell many thousands of touring bikes here in California without divulging this known defect. When Harley shoppers complain to Harley’s dealers after purchase, Harley’s reply is that is ordinary and it will not supply an effective fix to the problem.” Owen believes the dangerous heat problem is due to Harley selling bigger engines that cannot comply with the emission standards of many states, including California. ‘The fix is pretty simple, ‘ claims Owen, “and Harley already has it – make touring bikes with liquid cooled engines rather than air cooled engines.
If Harley did that this major design and safety defect would go away.” The present ruling permits the case to progress, and Harley Davidson will now face Class Action Authorization process at the end of the month. Class members are prompted to contact Greg Owen at Owen, Patterson & Owen to get more information, by calling (866) 654-4947. *Case No. 2:10-CV-02443-JAM-EFB in the Eastern District of California Owen, Patterson & Owen represents wounded plaintiffs in consumer crime, faulty products and serious injury cases. Enthusiastic customer advocates, they have demonstrated their power to give significant resources in both cash and time, which has generated hundreds of millions of dollars in recoveries for their clientele.
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