BMW of North America, LLC has been slapped with a proposed class-action lawsuit. The plaintiff claims that BMW placed its customers’ safety at issue by selling motorcycles with faulty gear indicators. The suit alleges that the defective gear indicators increased the risk of accidents and poses other safety concerns.
The complaint against BMW
The complaint, filed in a New Jersey federal court was filed on behalf of Daniel Casey. He claims the indicators intermittently displayed the wrong gear or didn’t display any gear at all. Casey also claims that the faulty indicators have been the subject of many customer complaints.
According to the court documents, the defective gear indicators are produced on F, K, G, R, HP2 and S series BMW motorcycles manufactured between 2003 and 2019. The complaint also says “BMW has long known about the problem but has not notified consumers.”
As such, BMW is accused of breaching express and implied warranties and being unjustly enriched. Casey is seeking class-action status and asks for monetary damages, punitive damages, court costs, and expenses as well as attorney fees.
In a nutshell, the case alleges that Casey’s BMW motorcycle began showing the wrong gear or no gear in May 2017. The problems continued despite four repairs.
As a result, Casey says the defective gear indicator:
- impedes him from properly judging accelerating power and torque delivery;
- places the motorcycle in incorrect gear while on cruise control;
- reduces gas mileage
- causes “excessive strain” on the motor among other things.
In his court filings, Casey says that BMW knew about the defective gear indicators as a result of complaints that appear on BMW online forums as well as failures reported to dealers or the company itself.
The amount of claimed damages is not specified. But it is important to note that the complaint seeks punitive damages which are meant to punish the seller and can be very large sums of money.
So if all of what Casey claims is true, do you think defective gear indicators are a safety concern? Should BMW be required to pay a settlement? Do you think that large punitive damages are appropriate? If so, what amount do you think is appropriate?
Let us know in the comments below.
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