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Texas couple sues Harley-Davidson for product liability

When an individual is injured in a motorcycle accident, they can sue a negligent driver who caused the accident. But in some cases, where the accident is alleged to have been caused by an unsafe motorcycle, they may be able to sue the manufacturer of the bike. That is what one Texas couple is doing, after a serious accident in which they both were injured.

The couple, from Camp County, brought the lawsuit against Harley-Davidson in federal court for the Eastern Division of Texas. They allege that they were riding in Mount Pleasant on Texas Highway 271 when a car pulled in front of them. The husband, who was operating the bike, alleges he was forced to make an emergency stop by applying both the front and rear brakes. The wheels allegedly locked and caused the husband to lose control. Both he and his wife were thrown from the bike and suffered serious injury.

In their lawsuit the couple claims that Harley-Davidson should have designed the bike with anti-lock brakes, which would not have locked in an emergency stop. They allege that Harley's failure to do so was negligent and rendered the bike unreasonably dangerous. They also allege that Harley-Davidson provided insufficient warning that the bike's brakes might lock up.

All product manufacturers have a legal duty not to sell a product that is unreasonably dangerous due to defective design. Those who are injured by unsafe products, including defective medical devices, dangerous children's toys, defective industrial equipment or unsafe motor vehicles have the right to bring a product liability lawsuit against the manufacturer.

Product liability suits are complex and usually require testimony by expert witnesses. Anyone who believes they were injured by a defective product can benefit from consulting an attorney who practices in this field.

Source: Southeast Texas Record, "Harley-Davidson sued after couple seriously injured in accident," Annie Cosby, June 25, 2014

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