Mass Tort Defense
Posted at 10:00 AM on July 19, 2010 by Sean Wajert
Failure to Warn Claim Survives- But Why?
Sometimes, manufacturers have to wonder, what good does a warning do if the courts won’t require people to read and heed the warning given?
Harley Davidson is an iconic American product manufacturer. In 1903, William S. Harley and Arthur Davidson made available to the public the first production Harley-Davidson® motorcycle. The bike was built to be a racer, with a 3-1/8 inch bore and 3-1/2 inch stroke. The factory in which they worked was a 10 x 15-foot wooden shed with the words “Harley-Davidson Motor Company” crudely scrawled on the door.
William and Arthur would likely be scratching their heads over a recent ruling denying the company’s summary judgment motion on a failure-to-warn claim in a suit filed after a motorcycle crash. Steven Morris v. Harley-Davidson Motor Co., et al., No. 3:09-cv-74 (M.D. Ga.).
Plaintiff alleged that the rear tire of his motorcycle failed, resulting in a crash that killed plaintiff’s wife and left plaintiff seriously injured. Plaintiff contended that the defendants (including the tire company) failed to provide an adequate warning regarding the dangers of overloading the motorcycle. With a full tank of gas weighing 31 pounds, the plaintiff’s Ultra Classic’s Gross Vehicle Weight Rating (GVWR) allowed for an additional 420 pounds of weight capacity for the rider, any passenger, cargo, and accessories. Plaintiff, who weighed 250 pounds, was with his wife, who weighed 204 pounds, riding as a rear passenger. Plaintiff was also pulling a trailer.......
http://www.masstortdefense.com/2010/07/articles/failure-to-warn-claim-survives-but-why/
In hind-site, I would have poted for a trike, thanks