According to the complaint, Defendant Triumph’s 2006, 2007, 2008, and certain 2009 Triumph Daytona 675 and Street Triple 675 motorcycles (the “Class Motorcycles”) suffer from a systemic dangerous safety defect that makes the drop linkage plates (the “Plates”) vulnerable to elongation, distortion, cracking, fracture, and failure (the “Suspension Defect”).
The Plates are an integral part of the Class Motorcycles’ suspension system. Failure of the Plates causes the rear of the Class Motorcycles to collapse onto the rear wheel while the rider is operating the motorcycle. This in turn causes catastrophic locking up of the rear wheel, resulting in loss of control of the motorcycle, threatening the safety of the motorcycle’s rider and others.
As alleged, Triumph knows that the Class Motorcycles suffer from this Suspension Defect and has actively concealed and failed to disclose this Suspension Defect to Plaintiff and the proposed Class members both at the time of purchase and after.
Despite notice of the Suspension Defect from numerous customer complaints, Triumph has not recalled the Class Motorcycles to repair the safety defect, has not offered its customers a suitable repair or replacement free of charge, and has not offered to reimburse customers who incurred costs relating to replacing Plates or repairing damage caused by the Suspension Defect.
As a result of the Suspension Defect, Plaintiff and the members of the proposed Class have been exposed to dangerous driving conditions and have suffered damages. Plaintiff and the members of the proposed Class have suffered injury in fact, including economic damages, and have lost money or property. Plaintiff therefore brings claims for violations of consumer protection statutes as well as for unjust enrichment.