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Old 12-19-2011, 11:25 AM   #1
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biker sues HD over ABS or not

http://www.visordown.com/motorcycle-...ase/19709.html


AN AMERICAN who crashed his Harley-Davidson, causing his wife who was pillion to end up brain damaged, is suing Harley-Davidson as he claims he thought his motorcycle was equipped with ABS.

Jack Wilson, who crashed on Highway 99 in California, told the Highway Patrol that his anti-lock braking system had somehow malfunctioned, however, his bike, a 2008 Harley-Davidson Road Glide was never fitted with ABS.

Wilson claims the icon on the motorcycle's idiot lights suggested that it did have ABS. He also claimed the salesman who sold him the bike gave him an elbow-to-the-ribs-type aside and said 'chicks love ABS'.

The defence are claiming that the manufacturer puts this icon on all bikes to ensure that bikes that do have ABS will definitely have the accompanying light. The defence lawyer went on to say: "There's nothing odd or unique about a non-ABS bike having ABS. If the icon doesn't light up when you start the bike, anybody should know you don't have ABS."

The defence have laid the blame squarely at Wilson's door, saying: "He should have known the bike's features after riding it for 15 months and 12,000 miles."

Wilson's wife Judy has been left with skull, facial, rib and scapular fractures and now has a prosthetic skull and permanent brain softening. Pain and assorted disorders will render her unemployable forever, said her lawyer.

In what has become a highly controversial case, the jury have to decide whether Harley-Davidson's product bears a design defect in the form of the 'ABS' icon. If Harley-Davidson are found to be at fault, they'll liable to pay around $3 million (1.9m) to Wilson and will no-doubt have to issue a huge recall.

The case continues.



Read more: http://www.visordown.com/motorcycle-...#ixzz1gzy5wjhy
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Old 12-19-2011, 11:31 AM   #2
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ABS only helps after you have exceeded your capability. Good luck to his wife and HD.
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Old 12-19-2011, 11:33 AM   #3
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I say he was in the wrong and needs to use hd as a scape goat
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Old 12-19-2011, 11:36 AM   #4
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I'm tired of dumb ruining it for the rest of us.
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Old 12-19-2011, 11:37 AM   #5
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True,
How many people now day buy bikes not knowing about them. He might have believed it had ABS, because some young dumbass told him it had it, and didnt know his self.
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Old 12-19-2011, 11:38 AM   #6
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Old 12-19-2011, 11:40 AM   #7
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Gotta blame someone, because no one wants to say "My negligence caused my wife irreversible brain damage" over "Harley Davidson's negligence caused my wife irreversible brain damage" it just sounds better.
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Old 12-19-2011, 11:42 AM   #8
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Old 12-19-2011, 11:42 AM   #9
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His negligence was buying a Harley in the first place
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Old 12-19-2011, 11:42 AM   #10
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sucks his wife is brain damaged; i'm not a doctor but permanent brain softening sounds pretty bad.
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Old 12-19-2011, 11:43 AM   #11
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So what IF the salesman did tell him it had ABS... Do you blame him as well? He is negligent in knowing the product he is selling. Sucks for the dudes wife for sure.
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Old 12-19-2011, 11:47 AM   #12
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So I assume she wasn't wearing a Helmet? Maybe he should sue the dealership too for not telling him the ground hurts when your head hits it without a helmet.
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Old 12-19-2011, 11:48 AM   #13
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He might have had a bandana on....
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Old 12-19-2011, 11:49 AM   #14
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Quote:
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He might have had a bandana on....
LOL
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Old 12-19-2011, 11:49 AM   #15
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Car manufacturers do the same thing with ABS and traction control lights. Doesn't sound like he has much ground to stand on.

And though the article doesn't specify, it sounds like she may not have been wearing a helmet, which would have saved a lot of this headache.
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Old 12-19-2011, 11:51 AM   #16
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Maybe he needs to hold himself responsible for riding and move on with his life.
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Old 12-19-2011, 11:52 AM   #17
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Old 12-19-2011, 11:53 AM   #18
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The thing is this world has become so PUSSYFIED.... You said something wrong to me:im suing you, I crashed because im a dumbass; Im suing you,

For Sake, people need to own up to the dumb they do and accept responsiblility.
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Old 12-19-2011, 11:55 AM   #19
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Quote:
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The thing is this world has become so PUSSYFIED.... You said something wrong to me:im suing you, I crashed because im a dumbass; Im suing you,

For Sake, people need to own up to the dumb they do and accept responsiblility.
Im suing you for hurting my feelings
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Old 12-19-2011, 11:55 AM   #20
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LOL, im suing you cause you did a burn out in front of my house and shot me the finger. OH and my 13 yo son saw it and now he is traumatized... ME
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