Harley-Davidson Defective Antilock Braking System Class Action

The complaint for this class action claims that the antilock braking system (ABS) on certain Harley-Davidson motorcycles was defective. This matters, the complaint says, not only because defective brakes are inherently dangerous but because Harley-Davidson prescribes opposite braking techniques, depending on whether the braking system is an ABS or not.

The Nationwide Class for this action is all individuals and entities in the US who bought or leased a model year 2008-2010 Harley-Davidson Touring or CVO Touring motorcycle. A ^{California Subclass}, consisting of all class members in California, has also been proposed.

Harley-Davidson touted the addition of ABS when it introduced it in 2008, the complaint says. It quotes the company as saying, “Incorporating the latest in braking technology, the new Harley-Davidson Brembo brakes offer consistent braking and stopping power under all operating conditions” and “This world class braking system …. is designed to help the rider maintain control during emergency stopping situations, especially those that happen in less-than-ideal conditions.”

Riders were to brake differently with the new ABS than they were without the ABS. Without the ABS, when a wheel began to skid, they were “to release and reapply the brakes…” They were not to brake strongly enough to lock the wheels. The complaint quotes the company as saying, “A locked wheel will skid and can cause loss of vehicle control, which could result in death or serious injury.”

With the ABS, however, they were “to maintain continuous braking pressure on the brakes until the motorcycle had slowed sufficiently” and specifically told them not to modulate or “pump” the brakes. In other words, the two braking techniques are roughly opposites.

However, the complaint claims, “As early as 2008, Harley-Davidson learned through its own internal testing, and through customer complaints relating to ABS issues that were not disclosed to the public, that the ABS on its Touring and CVO Touring model motorcycles was malfunctioning due to wire breakage in the ABS wiring harness.” The wires at issue were the “wires connecting the front wheel-speed sensor to the motorcycles’ engine control unit (ECU)” and they broke during normal operation. 

The breakage would leave the ABS nonfunctional, so that the braking system was like a standard one. Unfortunately, the complaint says that the rider would have no clue that the ABS system had stopped working and therefore no warning to change braking techniques. However, the complaint says, even as it worked on a better wire harness, Harley-Davidson continued to sell motorcycles with the defective system through its 2010 model year. 

The National Highway Traffic Safety Administration began investigating in 2016, because of a different defect in the braking system, but Harley-Davidson still did nothing about the wire breakage problem. 

The complaint claims that Harley-Davidson has breached its warranties and is guilty of unlawful, unfair, and fraudulent business practices, among other things.

Article Type: Lawsuit
Topic: Consumer
Tags: Brakes, Defective Product