Taking off on a Harley motorcycle for a joyride is exactly that – a joy and a thrill. Getting seriously burned and shelling out excess cash to fix the engine that burned you is not and two California citizens agree.
On December 2, 2016, Michael Berke and Wolfgang Costello filed a complaint individually and on behalf of all others similarly related against Harley -Davidson Motor Company and others citing a violation of the California Unfair Competition Law and other counts. In the complaint, Berke and Costello allege that the motorcycles they bought were equipped with Twin Cam 103 engines which have a common design flaw that creates a substantial burn risk for riders. The complaint also alleges that the excessive heat from the engines shortens the life of the engine as well.
The plaintiffs hold Harley-Davidson and other defendants responsible for the following: causing or contributing to numerous burn injuries sustained by Harley-Davidson consumers, concealing the inherent dangers of the engine’s design, failing to cure the known design defect of the engines, and subjecting consumers to further costs related to repairs in an attempt to make the motorcycles with the Twin Cam 103 engines safe for use.
Berke and Costello are seeking to “enjoin defendants from all violations, injunction ordering defendants to repair or replace the engines, interest, attorneys' fees, costs of suit and further relief as the court may deem just.”
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