Motorcycle are dangerous and potential liability exposure of Builders and Manufacturers is extremely high.
A product liability trial arising out of an alleged custom motorcycle defect on a Big Bear Choppers motorcycle began yesterday in the United States District Court for the Northern District of New York.
The plaintiff’s claims (Marcus J. (Marc) Mathews) against Big Bear Choppers include defective design, defective manufacturing, inadequate warnings, breach of warranty and negligence. According to the complaint, on June 13, 2004, the plaintiff was riding his three month old Venom Pro-Street motorcycle in New Hampshire when the front fender assembly failed causing the nearly 10 pound fender to come into contact with and lock the front tire of the motorcycle. The plaintiff then lost control of the motorcycle, crashed into another motorcycle, and was thrown into a ravine where he sustained severe arm and leg injuries. After more than two years of surgeries, the plaintiff’s right leg was amputated above the knee.
An investigation by Police and State Troopers after the accident revealed that two of the four ¼”-20 screws intended to hold the motorcycle’s front fender to the bike had fallen out prior to the accident and that it was the reason of the crash. After three years of discovery, the plaintiff’s attorneys claim that Big Bear Choppers had actual or constructive notice, more than one year prior to the plaintiff’s accident, that the method it selected to attach the Venom’s front fender to its lower legs was inadequate. The trial should last 2 weeks.