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I recently bought a motorcycle that was negligently assembled.

Antioch, CA |

I had rode it about 600 miles when the rear wheel came unbolted and came off. The service manager at the dealership told me the bike was assembled negligently and the wheel obviously wasn't torqued to specs. I wasn't injured, but I was wondering if I had a case against the manufacurer and/or the dealer.

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Attorney answers 4

Posted

You may have a case for the property damage and repairs necessary. You obviously wouldn't have a Personal Injury case without having been injured. You can bring an action against the company/person that assembled the motorcycle. Check with attorneys in your state. Good luck.

THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.

Posted

Yes, you can file a claim against the manufacturer and dealer.

Posted

Yes, It is a manufacturing defect unless you or someone altered the bike between the time of sale and the accident. Peter Hart

Posted

you clearly have a case against the shop who sold you the bike. I have handled similar cases where the same type of mistake cost a client his leg. Demand to see the documentation that was filled out when the bike was assembled. Too many times, the shop will outsource the final assembly to a company who hires the lowest common denominator. you may have bought an expensive bike that was assembled by a guy with no training who was earning minimum wage. There is no excuse. If I were you, I would insist on a new bike, now, and let the shop take back the old bike. The shop was responsible to provide you with a bike that was properly assembled. they need to make this right with you. If the bike is not damaged, I might settle for a repair with new parts and a loaner bike while the work is being done. and then, the shop must also go through the whole bike and test the torque on all important fasteners. Good luck, Claude

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