Harley-Davidson Shock Absorber Lawsuit Filed After 65K Softails Recalled Over Fastener Problem

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Harley-Davidson faces a proposed class action lawsuit after more than 65,000 motorcycles were recalled in August 2023 due to concerns that a fastener securing the rear shock absorber could break. 

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The 26-page complaint, filed in South Carolina on October 30, says more specifically that the recalled Harley motorcycles at issue are equipped with a defectively designed rear shock absorber fastener that can break and damage the rear tire, causing a loss of tire pressure. A loss of tire pressure can cause a rider to lose control of their motorcycle, “all but guaranteeing a crash,” the lawsuit says. 

According to the suit, the defective Harley-Davidson Softail motorcycles at issue, recalled by the company on August 29, include the following models: 

• 2018-2019 FLDE;
• 2018-2021 FLHC;
• 2018-2023 FLHCS;
• 2018 and 2023 FLHCS ANV;
• 2020-2023 FXLRS;
• 2022-2023 FXLRST; and
• 2022 FXRST. 

The plaintiff, a Spartanburg, South Carolina resident whose 2022 FXLRS was included in Harley’s 2023 recall, says he decided to buy the bike because he believed it was a high-quality, reliable motorcycle equipped with tech features that met his needs. 

Per the case, the plaintiff spent roughly two hours researching the apparent rear shock absorber fastener defect and possible fixes, contacting Harley dealerships and repair centers in South Carolina to inquire about potential remedies. The plaintiff was ultimately told that the part required for replacement was out of stock, the filing says.

“In sum, the Recall is unfixable at this point,” the lawsuit states. “Plaintiff is now stuck with a Class Motorcycle that is liable to cause an accident and likely injure Plaintiff.” 

The complaint notes that the man has been “greatly inconvenienced” by the Harley recall in that he has been forced to seek other modes of transportation. Moreover, the case contends that the free fix-and-repair clause included in the motorcycle maker’s recall to replace the faulty fastener will cost the plaintiff and other Harley riders hours of their time. 

“And, as noted earlier, the part required for repair is unavailable,” the filing relays. 

The lawsuit argues that the 2023 Harley-Davidson recall does not offer any “reasonably foreseeable” assurance that the fastener defect will be fixed permanently. 

“Rather, the Recall mentions installing a new shock absorber fastener, but mentions no testing or assurances that the new fastener will resolve the issue fully,” the suit states, calling the recall “especially burdensome” considering the inherent danger of riding a motorcycle. 

In all, the lawsuit says, Harley-Davidson’s recall “amounts to time and dollars needlessly taken from Plaintiff and other Class Motorcycle owners.” 

The National Highway Traffic Safety Administration (NHTSA) urges affected riders to contact their Harley-Davidson dealer to schedule an appointment to have their motorcycle’s shock absorber fastener replaced. 

The lawsuit looks to cover all consumers in the United States who bought or leased any of the Harley-Davidson motorcycles listed on this page. 

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