Manufacturer, Dealership Not Liable for Motorcycle Accident, Jury Finds

March 01, 2012 (Press-News.org) Manufacturer, Dealership Not Liable for Motorcycle Accident, Jury Finds

A man and woman riding their Harley-Davidson Road Glide touring bike come upon heavy highway traffic. From the driver's seat, the man brakes, locking the rear wheel of the motorcycle; he mistakenly thinks he has anti-lock brakes. The woman is thrown off onto the road, suffering a traumatic brain injury. Who is to blame?

Defective Design? "No," Jury Says

According to a Sacramento Superior Court jury verdict, Harley-Davidson was not at fault. After a trial, the jury concluded that the motorcycle's design was not defective. The woman claimed Harley was liable for her injuries because an "ABS" icon appeared on the bike even though it was not equipped with anti-lock brakes.

The jury did not buy the argument, according to the Sacramento Bee. A juror explained that the jury decided the woman and her husband did not have any confusion about the icon before the motorcycle accident. The jury also considered that the couple had a long time -- 15 months -- to realize the bike lacked ABS; the icon never lit up.

To win the lawsuit, the woman was required to prove that a design defect caused her catastrophic injury. Under California law, this can be done one of two ways:
-The plaintiff proves that the product did not perform at the level of safety ordinary consumers would expect.
-The defendant fails to establish that the benefits of the design outweigh its risk of danger.

Negligent Sale? Also a "No"

The woman also sued the local Harley dealership. She said a sales team member told them the motorcycle they were purchasing would come equipped with ABS. The jury simply did not believe her.

Assuming the woman claimed the dealership's staff was negligent, as reported by the Bee, she could only prevail if she proved the following to the court:
-The sales person owed her a legal duty of care
-The sales person failed to meet that duty
-The failure to meet that duty legally caused an injury
-She suffered the injury

The jury concluded that the woman did not satisfy each element, as required by California law. So, she failed to prove the dealership was negligent.

Motorcycle accident victims should seek legal representation by an experienced personal injury attorney to ensure they receive the compensation they deserve and to which they are entitled under the law.

Article provided by Law Office of Reuben J. Donig
Visit us at http://www.doniglaw.com