Legal Question in Product Liability in New York

Motorcycle damage from pothole

I hit a pothole going 30 mph with a 3 mo. old, brand new BMW motorcycle. They are not convering the cost of repair, which, is EXTENSIVE...$3000+. (Broken fork, Bent rim, Bent hub, bent A frame)

I wasn't using the bike in any negligent way. Simply riding it.

What are my rights? Should the city pay? Shouldn't BMW's warranty cover this?

Per the limited warranty, under section ''Damage'' what is NOT covered:

Ths includes but is not limited to damage from negligence, improper treatment, installation and use of side cars, accidents or improper accident damage repairs, corrosion from road salt, battery acid, cleaning agents, environmental influences or treatment contrary to Riders Manual of Service Booklet


Asked on 9/26/03, 5:06 pm

1 Answer from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Motorcycle damage from pothole

The city will not pay unless they hav prior written notice of the defect.

The warranty conditions as to notice must be followed by you. Why are they disclaiming coverage? Unless it is because the damage occurred through your use (riding the bike).

Good Luck.

RRG

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Answered on 10/03/03, 3:43 pm


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