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.
Can of worms springs to mind for all manufacrurers of transport. They all use standard frontal displays with features only connected for that specific model. I know I got ABS on my car dash and the car ain't got ABS.
You have to remember the american who sued after crashing his motor home when he went to make a coffie. he swiched the criuse control on so its safe to leave it to drive its self
"You have to remember the
american who sued after crashing his motor home when he went to make a
coffie. he swiched the criuse control on so its safe to leave it to
drive its self"
This is one of the true ones and it was Winnebago that were found guilty. They had to change all their log books so that stupid people understood what it actually meant.
Be interesting to know if his wife was wearing a helmet or not . ABS doesn't stop you having an accident anywayz so the argument isn't really with credence.
Madscots over there commen sence goes out the window when thay sue
so I can see him winning the case, like the women who sued cus she killed her dog drying it in a microwave because she always dryed it in the oven before and it did not say you cant dry pets in the instrucions
oh my gawd........... its ridiculous this society we are breeding of dumb unintelligent people who want to blame everyone else for their errors...."beware on packets of peanuts that they contain peanuts"!!!!!!!!!
i knew someone who worked for an insurance company that received the claims people made against the council and bin men etc... for instance someone tried to claim because they had been badly scratched by overhanging brambles in the country........
it makes me blood boil really how these people dont want to take responsibility for their own lives adn safety...
just to add to the list of "unbelievables" i worked with a lass once who asked me "if i get a coucil flat... do the council sort out the contents insurance for me"....,,,,, OH DEAR...
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