Class Actions

Harley Davidson Class Action

Investigation Regarding Defects in Harley Davidson Motorcycles

The investigation concerns claims that Harley Davidson motorcycles contain design and warning defects that seriously endanger their users. Specifically, these motorcycles have a design defect in the Japanese-made clutches which are employed. This design defect makes it difficult for the operator to find neutral. When that occurs, the operator has no choice but to start the motorcycle in gear. To start in gear, by design, the operator must pull in the clutch lever. This gives the operator the misleading impression that the engine has been completely disengaged from the transmission. However, when these motorcycles are cold, the same design defect that makes it difficult to find neutral, can cause unexpected forward lurching.

Although this is a known phenomenon, Harley provides no warnings to operators regarding the risk of forward lurching when starting in gear. This phenomenon occurs because the oil in the primary chain case causes the internal plates of the clutch to stick together. Particularly when cold, this sticking phenomenon prevents the clutch from fully disengaging the engine from the transmission. This affects the ability of an operator to shift the bike into neutral and can cause the motorcycle to lurch forward when started in gear. Due to the size and weight of the these motorcycles, unexpected forward lurching can result in loss of control resulting in death or serious injury.

If you or someone you know has experienced this with a Harley Davidson motorcycle and has information to share, please contact Wasserman, Comden, Casselman & Esensten.