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Harley-Davidson Sued for Motorcycle Defect

In April 2009, a motorcyclist traveling at highway speed braked abruptly when traffic backed up. The passenger, his wife, flew off the motorcycle and hit the pavement. She was left with permanent head injuries, including memory loss, and will never again be able to hold down a job.

Recently the injured woman sued Harley-Davidson Motor Company, the motorcycle manufacturer, alleging that the motorcycle was defective. She and her husband said they believed the motorcycle had an antilock brake system because an ABS logo was present on the tachometer.

At trial, a company representative testified that the ABS logo appeared on all its motorcycles for years, but lit up only on motorcycles that actually had that option. The representative said that it would have been too expensive to design and install different tachometers depending on whether a particular bike actually had ABS.

The jury seemingly agreed and ruled in favor of the manufacturer.

The attorney for the company said that the couple should have become familiar with the handling of their motorcycle during the year or so they had owned it before the accident and should have known it did not have ABS.

Many cases like these, however, have prevailed in a court of law. Under the law, manufacturers have a duty to make sure the design and engineering of their vehicles meets a certain safety standard. If a vehicle's air bags, tires and, like this instance, brakes are faulty, injury and death can result. However, proving such a claim requires the skill of a knowledgeable attorney.

Depending on the situation, a court will award a prevailing party compensation for medical bills and pain and suffering for instance.

Source: http://www.sacbee.com/2011/12/16/4126504/contentious-motorcycle-accident.html

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