California Court Sides With Bikers Burned by Their Twin Cam Harleys

Four bikers can move forward with a class action that claims Harley Davidson manufactured defective motorcycles that burn drivers’ legs, a federal judge ruled. the four bikers alleged that since 1999, Twin Cam engines in Harley motorcycles were prone to overheating and caused burn injuries to their legs. Transmissions on models manufactured since 2006 also came with defective transmissions, the bikers claimed. District Judge John Mendez sided with the bikers on their claims for fraudulent and unfair business practices, violations of Consumers Legal Remedies Act (CLRA), and unjust enrichment.

“Plaintiffs sufficiently allege that the engine defect is material because a reasonable consumer would change his behavior if he knew that the engine heat can cause burns and that the transmission would require numerous repairs or replacements,” Mendez wrote. “Plaintiffs claim that defendant knew of the excessive engine heat defect as early as 1999 and of the transmission defect as early as 2006,” the July 21 decision states. “Plaintiffs discovered the excessive heat and transmission defects after purchasing the motorcycles. Since defendant was in a superior position to know of its defective engines, plaintiffs properly allege that defendant had exclusive knowledge of material facts not known to plaintiffs.”


71 Responses to “California Court Sides With Bikers Burned by Their Twin Cam Harleys”

  1. 1 Ax Jul 30th, 2011 at 8:04 pm

    Interesting how many people demand that Harley keep supplying them with a subpar product. Air-cooled engines DO NOT have to run hot. If any of these newbies were old enough to remember the Evo, they’d know that. They apparently aren’t even old enough to remember the five-speed transmission, which proved that Harley could manufacture a decent one.

  2. 2 Road Toad Jul 31st, 2011 at 8:50 am

    All air cooled are hot, water cooled – somewhat less. Owned near all brands since I was 14. You want to ride cool, get a cage or a Beemer…. You want to ride bikes – ride what you like, quit whining and ride. Want to ride a Harley and whine – you’re a RUB, go back to the Starbuck’s or your local internet cafe.If you ride in shorts and flip flops, you evidently have NOT laid one down and You my friend get waht YOU deserve!

  3. 3 Boss Hawg Jul 31st, 2011 at 8:53 am

    @ miteychopperbiker

    Its all good on my end. Thanks for the rant.

    Hope you stay in here and keep posting…but as you know there are some very objective opinions here.

    We can’t be everything to everybody.

    Apologies given on my end! Peace Brother…And I mean that…same for Michael.


    Boss Hawg

  4. 4 Billy B Jul 31st, 2011 at 10:02 am

    As far as Victory goes – I am looking at them very seriously. One guy here said they are ugly – the Vision is definately “different” looking and a little to futuristic for me…..but man, Those new Cross Roads and Cross Country bikes are flat out Beautiful and have all the new technology of the Asian bikes but they are made right here in the USA. Harley is gonna get hurt by Victory – maybe it will wake them up to start making a new modern 20th century motor! HDs still have chain driven primary, push rods and only 2 valves per cylinder……19th century pos.

  5. 5 Road Toad Jul 31st, 2011 at 11:28 am

    Well, IMHO – no bike manufacturer can claim “made in the USA” anymore, Harley, Victory, nor Boss Hogg bikes, and yes, even Indian. Strip one down and see where all the parts are made, japan, Germany, USA. May be manufacturered here but not true to the statement “Made In The USA”. Also, I don’t think Victory hurt Harley – Harley hurt themselves, and of course the Federal Government didn’t help matters any either….

  6. 6 morpion Jul 31st, 2011 at 4:25 pm

    why these four stupids bikers ride harley-davidson,,the should go with jap copy,,,,,,,,,,,,

  7. 7 morpion Jul 31st, 2011 at 4:30 pm

    why these four stupids bikers are riding h-d,,,,they should go with jap copy if they are not happy with h-d

  8. 8 Michael Jul 31st, 2011 at 5:56 pm

    Oh, man… I take a break from pulling off the throttle cable that snapped yesterday to check in on my favorite news site -see if anybody posted some relevance regarding this lawsuit- and what do I find? More posts from the Hawg talking his line and calling folks posers. I honestly don’t know why I expected different. Well Boss, you got me dead to rights. I’ve been riding since I was 13 and I’ve never been to a rally or a “biker” theme party. Shoot, I don’t even have a single Harley tee to back up my cred. No website or any pics of myself hugged up with some skin at a saloon to post on it if I did have one. I don’t even have a cage to plaster with some really keen HD stickers… just a Fat Boy and Wide Glide with a busted throttle cable, LOL.

    Oh yeah, just clarify on my last post, if anybody cares, the readout on my Wide Glides dipstick just *flashes* after it reads in the high 280’s. I’m sure it keeps creeping up after that -but saying 300 degrees is just my “guesstimate”.

    BTW, anybody here know if Barnett warranties their cables after 9 months?

  9. 9 fuji Jul 31st, 2011 at 8:26 pm


    If I “read” your statement correctly …..I’m slow and old. LOL. I agree with you.

    That’s exactly what we are talking about. Someone stupid enough to ride/drive or own a product that doesn’t meet the quality or safety standards of the industry. Right?

    If a product doesn’t meet safety standards that company or organization should be held accountable.

    That’s why we have attorneys and courts to help protect people……even though we don’t like them.

  10. 10 Englishman Aug 1st, 2011 at 7:44 am

    If I were the conspiracy theory type, I’d expect this kind of thing to come along so The Factory could justify going to water cooling.

    But I’m not.

  11. 11 morpion Aug 1st, 2011 at 9:50 am

    i hope the next one wont sue harley-davidson because the idle is too high with injection t.c.

  12. 12 dragon Aug 1st, 2011 at 1:26 pm

    all i can say is that if my Harley had all the factory stuff still on it i would not ride it

  13. 13 Jason Aug 1st, 2011 at 2:01 pm

    To all of you that dont know the full facts about Mcdonalds coffee( as I didnt), I would suggest you take a look at this link, or even google Mcdonalds coffe burns, and take a look at the images for yourself. How many people knew this lady was sitting in a car as a passenger, parked, And was burned while removing the lid to add sugar and cream? Or that Mcdonalds had almost a thousand previous cases of incidents like this? Or lastly, they refused the offer from this ladies family of I belive it was $7000 to help defray the medical cost of this injury. Its funny how 99% of Americans know and realize we are getting bent over and fucked bu these greedy corporations and yet some of you drink the Kool Aid because this company is H-D. Guess what? They could care less, Now go buy a t-shirt.

  14. 14 Jason Aug 1st, 2011 at 2:04 pm

    Sorry, link didnt work you will have to copy and paste. This documentary is a trip, starts off with people on the street being asked if they remember this, everybody’s like, oh yea, greedy bitch looking to get paid. Then they show them the picture..

  15. 15 henry Aug 1st, 2011 at 6:20 pm

    Next H-D will get sued because bikes are falling on top of the “bikers” when making a complete stop. “Bikers” shouldnt have to put their feet down when making a complete stop. Ooops, did a open a can?

  16. 16 Lugnut Aug 1st, 2011 at 6:57 pm

    All of them are hot. But as far as running hotter, didn’t happen until the EPA stuck their busy-body a$$ in the efi and mandated air-fuel mixtures and placed limits on how much they could be changed and packed the pipes with catalytics.

    Go sue the EPA for climbing onto the bike with you. HD is just following the big old federal governments (and CARB) orders.

    As far as I can see, you have to spend about $2,000 extra on each new Harley for a set of pipes and a Thundermax to make it run right and not set the grass on fire as you ride by. Made these mods on a 2007 110 Screaming Eagle recently – now cool as any 80 cu. Evo (which will still burn your leg if you keep insisting on wearing those jorts while riding).

  17. 17 miteychopperbiker Aug 2nd, 2011 at 8:39 am

    @boss…niiicccceeeee! Speaks volumes about you brother. Thank you for the response.
    Peace out.

  18. 18 Stromer Aug 3rd, 2011 at 7:55 am

    What? Sue Happy folks … never responsible for thier dumb ass actions! An air-cooler engine IS HOT!!! Get these wanabees out of our culture! Go ride a Vespa!!!

  19. 19 morpion Aug 4th, 2011 at 2:23 pm

    or a lambretta,,,,

  20. 20 D Clasen Aug 8th, 2011 at 9:59 am

    just my opinion Jul 29th, 2011 at 10:42 am -I don’t agree with this action at all. First is the fact that these bikes are purchased by people that for the most part know they are built using 1950 technology. If they wanted a bike that has all the latest and greatest technology they would have bought a Honda.
    I don’t know why people who don’t have an understanding of anything should be allowed to post. Its an air cooled engine that the EPA requires to run very lean so it runs even hotter. Any HONDA air-cooled would be in the same situation.

    I find it interesting firms like MotoGuzzi looked at heat pipe tech to minimize this. But, even BMW will give up on the air cooled.

    So, if this class action can also sue the State of California I think this would only be fair as the stinking state of California is sufficiently responsible for the engine running hotter.

  21. 21 Boss Hawg Aug 8th, 2011 at 5:57 pm

    Gotta love it…doesn’t even know temps and comes back for more more more. Stop the whining, broke it now get a new one and while at it STFU…no one wants to hear it anyways, well maybe your old lady!

    It is what it is and that it will be…hot hot hot.

    Boss Hawg

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