No, it’s not a new motorcycle club. It’s not even a reference to the 40+ continuous days of 100°+ temperatures in Texas.
I’m talking about litigation “heat” for the motor company.
Recently a Federal Court Judge has denied a Harley-Davidson motion to dismiss Harley bikers’ claims for fraudulent and unfair business practices, violations of Consumers Legal Remedies Act (CLRA), and unjust enrichment. As a result a class action lawsuit** will now go forward against Harley-Davidson alleging certain Harley motorcycle engines produce severe, and excessive heat causing burn injuries and clothing to catch on fire.
Class action lawsuit filings are nothing new to Harley-Davidson. Back in 2005 there was a lawsuit/complaint against the company alleging securities law violations. Of course the company believed that that lawsuit was without merit and vigorously defended against any action just like they will on this latest case. Talk about keeping the legal department busy, this class action suit adds to another lawsuit by Brando Enterprises HERE on the “Brando Boot.”
At any rate last week, a federal judge ruled that a class action overheating & burn lawsuit against Harley-Davidson could go forward, siding with four bikers who claimed their Harley-Davidson motorcycles were defectively designed because their engines ran so hot as to pose a constant danger to riders of being burned and were therefore not fit for their intended use.
The complaint alleges that since 1999, Twin Cam 88, 96, 103 and 110 cubic inch engines in Harley motorcycles produce severe, excessive heat causing clothing to catch on fire, burn injuries and the danger of burn injury to riders and passengers as well as overheating causing premature engine wear and is in models manufactured after 2006, transmission failure. Although Harley-Davidson asked the Eastern District of California court to throw out the claims under state law, the U.S. District Judge sided with the plaintiffs.
Harley-Davidson will now face a Class Action Certification process at the end of the month.
**Case No. 2:10-CV-02443-JAM-EFB in the Eastern District of California (Plaintiff’s represented by Owen, Patterson & Owen)
Photo courtesy of Jeff Hoffman.net
Northwest Harley Blog 
This is frivolous. Of course an engine will get hot enough to cause your clothing to burn! This is like the McDonald’s HOT COFFEE law suit.
It’s a Harley Davidson. It’s what it is. IF you can’t take the heat get out of the kitchen or buy yourself a bike that is SAFER for your whining and childish mentally disabled mind.
Could this possibly be a ploy to get BIKERS off their ICONIC HARLEY DAVIDSONS, by forcing HD to change their patented designed engines? They think if HD is forced to redesign, perhaps they will lose their grip on the American image of motorcycles? Yup, I can see how this could happen. Grow up, put your big boy and girl panties on, accept the risks of motorcycling (add covers to you exhaust pipes to protect your clothing) but quit trying to blame everyone but your selves for the things that happen to you while you’re living your life. Start TAKING RESPONSIBILITY FOR YOUR SELVES. Stop forcing the federal government into our lives with these stupid lawsuits. Use your brains not your lawyers. Think before you toss your leg over…what more can YOU do to make YOUR bike safer to fit YOUR needs? AND STOP FORCING YOUR IDEAS OF SAFE ONTO ME! I’LL TAKE CARE OF MYSELF. sheesh.
Oh sorry, I really do like your blog a lot. You keep things real, and you report about things that are just under the surface waiting to affect us all as loyal riders. Thanks for taking this issue and bringing it to the front of the class. Being aware of where the fish is starting to rot is half the battle, now all we have to do is be able to take it out to the trash.
Wow. It is blatent obvious that you have never put a leg over a new bike with this problem. If you had, you would not have said the things you said. This is truly a design flaw and needs to be corrected. I bought a 2011 Trike and I can only ride it when the weather is cool. It has literally burned my leg. After spending over 35K for it to cause burns is just not right and I don’t care who the manufacturer is. No one is forcing anything on you and you can continue to ride an unsafe bike if you wish. But for myself, if I spend that kind of money on a bike, I want to ride it in comfort withot risking injury.
This is NOT like the MacDonalds coffee suit!! If I pay $20k on a bike, I expect to be able to ride it without having my clothes catch fire!!! If that’s too wussy for you then you are a moron!!! I rode 100 miles just after a heart attack. I received treatment at the END of the ride!!!! I think that shows some heart. Tolerating my clothes catching on fire and paying $20k for that privelege is assinine!!
The hot engine issues is very real. The 96, 103, and 110 engines have a history of the rear cylinders getting VERY hot and thus the engines running very hot. This has in fact lead to a number of issues with engine oil leaks, engine failures, and issues of transmission problems. If that was not true then why has H-D had to come up with the rear cylinder shut down when the temperature rises? A band aid fix at it’s best. It is just another issue in a long list of issues related to the push rod V-Twin engine that Harley is married to. They have to run it lean to meet the emission standards and a lean running engine is a hot running engine. Unfortunately it and appears they will be married to the air cooled V-Twin until they complete circling the toilet bowl under their new leadership. H-D needs to open it’s eyes and figure out that they need to diversify. They can not survive when all they sell is an out dated designed motorcycle while facing the competition they do now from companies that make motorcycles and much more. Secondly they need to make use of the V-Rod engine design and give the consumer the option of a water cooled engine in the cruiser/touring bike models. Give the rider the option to stick to their old V-Twin or go with a more modern Harley with a cooler running, higher horsepower, EPA complaint water cooled motor. H-D is fast becoming a dinosaur and we all know what happened to them.
Yes, Clifford you’re correct, I haven’t been on a newer motorcycle in years. I stand corrected, obviously. After reading Brett’s reply, I’ve come to realize that I too am a dinosaur. But that’s OK, there are draw backs and pluses to age. One thing is for sure, you’re never too old to learn…and this ole dog has learned a few new things regarding the heat issues of the larger engines.
So I’ll stand back and see how this issue is addressed by HD.
The Proof Is In The Pudding!
I too brought a $34,000.00, 2011 Tri-Glide trike in April in Mobile, AL. This is my third Harley so I am not new to their hot engines. I rode this bike for approximately 1 month on short distances and I did complain that this bike seem to be alot hotter than usual. On May 24th a group of us left on a 10 day trip to the Grand Canyon and Las Vegas. On the 1st day after riding to Dallas, Texas, I had a 2nd degree burn on my right calf. I rode with blue jeans on and never touched any metal, this was just heat coming in the cockpit with no place to go. The next morning I wrapped the calf area with solar reflective material you use on your front car windshield to keep your car cooler. That night when we arrived in Santa Rosa, New Mexico, I had 1st burns on the inside of my legs in the groin area. Our solution for this was to wet a towel and keep it continually wet, thrown across the seat and straddled to keep me from burning further. This does not look cool. By the time I arrived back home, I had 2nd degree burns on the right leg in the upper back thigh area. I have yet to touch a piece of metal, this is pure heat. I reported this to my dealership immediately. They said they had never heard of such and referred me to customer service at the HD manufacture. They listened, ask some questions, took some notes and said they would get back with me. After waiting a week and not hearing from them I called them back. Their decision after studying the problem was; the motorcycle is doing exactly as it was designed to do. Now! Tell me they don’t have a heat problem. jmcintyre56@yahoo.com
BOBBY COWAN (OKC,OK) I TOO PURCHASED A 2011 TRIGLIDE AND WILL NOT BORE YOU WITH MY EXPERIENCE, BUT I HAVE FELT THE HEAT TO THE EXTENT OF FEELING IT TO BE UNSAFE AS TO THE DISTRACTION POSSIBLY CAUSING INATTENTION TO RIDING /HANDLING CONTROL. THE MORE I READ AND TALK TO OTHER OWNERS , THE MORE I AM CONVINCED OF THE NEED FOR A NEED TO BE MADE WHOLE FROM THIS PURCHASE.I AM A FOURTH TIME HARLEY OWNER AND HOPE THIS DOES NOT MAKE THIS MY LAST ?
GYPSY RED
A faster way to get Harley to fix this problem is to file a complaint with the National Highway Traffic Safety Administration NHTSA. If they recieve enough complaints they can force Harley to recall these models and fix the problem. Look it up on the web and file a complaint. I did.
[…] Harley Run Hot???? Dancing With The Heat Dragons Northwest Harley Blog […]
I have a 2011 Tri Glide Trike and have experienced the same things that you all write about. The distraction factor when riding down the road and trying to find a place to put your leg to get away from the heat is ridicoulous. At first, we thought that it was just because I am short and my legs can not go anywhere but directly in front of the heat. I now realize that is not the case. My husband has built a heat shield, put extended highway pegs on the bike and much to my dismay removed the lowers so that we can get more air to the area. Did I mention that we also put a tuner on it, wrapped the pipes, etc, etc. I feel that when you spend this much money you should be able to ride the bike. . . right out of the box!
Your absolutly right Sharon. We should be able to ride the motorcycle without having to spend more money to make it rideable. I have noticed that this is a trend of HD. Remember a few years back, Harley changed the frame on the touring bikes and made it higher? Of course for the people that are average height, and I am 5’8″ means that you have to purchase a lowering seat and or lowering shocks. All of which means more money for Harley-Davidson.
I to experienced extremeley hi heat issues on a 2008 screamin eagle ultra among many other problems with it ,so i did the only sensible thing I traded on a New BMW rt which is so far SUPERIOR to a Hardley Ableson ,and I will never own another .
I have a 2003 Heritage So tail and I thought it was hot until I bought the new Switchback. Wow. I not only have burns on the right inner leg, but the left leg is worse. Lower leg has 1st degree burns which seems to be from excessive heat from the primary. I was told the heat was from the catalytic converter. I’m 71 years old with lots of mileage and this issue is ruining my ride. What to do?
I have a 2009 street Glide at 9000 mile I had to replace the cyc , heads, and pistons due to overheating. I honestly wish I had never bought it . It’s chrome from front to back with alligator seat and the only thing it’s good for is to sit and look at. Design wise, It truely is a piece of garbage. The only thing worse than a Harley design Engineer would be level at which Harley is willing to lie, steal and cheat from there customers. Nothing would make me happier than to one day see them go bankrupt for good . Because they SUCK!!!!!
buy a goldwing!
I have a 2011 Street Glide Trike and was told by my dealer that the heat was coming from the catalytic converter, so I changed the header pipes ( which I was told would take care of the heat problem). The heat is still there. I have yet to ride in weather over 80 and the heat is excessive. I have a sheep skin I move around on the seat depending on which way the wind is coming from, but am worried as to when that could burn.
Joyce
Check out Nightrider.com.
I spoke with him at Daytona bike week after being referred by friends. I didn’t have it put on my switchback because I am trying to sell it.
Well pussies shouldn’t attempt to ride a harley
Or if the heat was so bad -wear leather jeans
& not shorts & sandles,
Just turn on the heat management,ie: rear cylinder shut down & only fires intermitenly
Thus reducing heat in cylinders,heads & exhaust pipes,
How do you turn the rear cylinder off on the switchback or softail. I understand its standard on touring bikes.
Corbin, You just don’t get it!!! That’s all I got to say about that.
Somebody doesn’t get it obviously. I have a 2003 Heritage with 211000 kms on it so I’m not an inexperienced rider and a switchback with 14000 kms which is for sale.
I have a 2010 street glide trike that I thought was running too hot (260 to 320 degress). I replaced the oil filter adapter with a Jagg adapter, retained the harley oil cooler and ran another 10 row Jagg cooler in line with the harley cooler. Now my oil temps stay below 230 no matter what the outside temp is and no matter what speed I cruise at. Of course it still heats up when I ride in stop and go traffic but the Jims fan I am putting on will cure that. I am 67 years old and have put on over 50,000 miles on this bike since new. It burns no oil and runs like a top with all the power I need going up hills, big hills, Big sucker air cleaner, vance and Hines slip ons and the Harley chip upgrade thats it
Having to replace parts on a premium motorcycle nowadays to get it to behave properly is unacceptable. (The nice flip side is that I’ll happily let someone else eat the depreciation then buy used and do the mods for a much lower outlay!)
No rush as I can’t kill my FXR. The Evo was the pinnacle of big Twin HD durability (other than the even better Evo Sportster which should simply have been enlarged to become the next Big Twin, and note it meets noise regs without that absurd chain drive used on TCs!).
Harley needs to do another engine redesign, but as long as most of them are sold to riders who barely put any miles on their bikes the MoCo can get away with bean-counter engine design.
In 2007 I traded in my 2005 Soft tail deluxe and bought a new heritage with the 6 speed transmission. This heritage ran so hot and I was told that there was nothing I could do because Harley hadn’t worked out the issues with the new transmission/ I went on a 2 hour ride one day and got upset with my blister lge and I traded it with about 800 miles on it for a 2006 Deluxe to get away from the intolerable heat. Last year I was told that Harley had solved the problem so I bought a Dyna Switchback. . I am sorry to say that I have been very disappointed with the extreme heat on my right leg that makes it miserable to ride this bike. I am not new to Harley having purchased together with my husband 20 new Harleys since 2004. I will only ride a Harley but agree that it is ridiculous to pay so much for a bike and have to buy an aftermarket mid frame heat shield to hopefully make it comfortable to ride it or suffer scaring burns.
Kim, if you bought that many harleys(new) and will only ride a Harley. It’s not too hot nor will it ever be. Brahma
Had a 2013 switchback I burnt my leg on the primary trade d it for a deluxe
Well all I can say I’ve rode many bikes I’m 33 years old I’ve always wanted a Harley Davidson an didn’t think I’d get one this fast but I’ve got one it’s a 03 heritage classic chromed out the max I don’t give a shit if it burns my leg if it burn my leg every time I got on it it worth having something that I have wanted since I was a boy , but anyways I love my bike an a Harley Davidson ain’t just a motorcycle its a piece of american history
Anyone who knows anything about HD engines understands it’s a old outdated V-Twin technology now made with new alloy metals….H-D has pushed this engine way past it’s limit because this is what bikers want..ie: V Rod has never caught on though tech wise it’s a modern hi-tech engine….Folks buying HD’s need to understand this BEFORE spending 25k on a bike..Would I buy a new dresser from the motor co ??, not a chances….I ride a 03 DYNA and love it, No heat problems at all….Bottom line ,understanding this engine is old technology pushed way past common sense…..buyer beware, or at be least informed….good luck
I james Marvin Webster
Just picked up a 2011 ultraclassic
From a dealer am i to expect these same issue
Will they issue a recall
I have been riding a 2012 road glide ultra from new that now has 50,000 miles on it , it has always ran hot a Harleys do ,but last week the engine heat actually burnt my right leg. The only thing that has changed recently was replacement of O2 sensors that were noted as being defective during a service. I can only assume the O2 sensors are the reason for the increase in heat or something internal has changed .