After working in the product liability industry more than nine years and literally working with hundreds of different types of manufactures and distributors, the custom motorcycle manufactures really stand out.  This group, as a whole, are like the motorcycles they design and manufacture – unique and independent. 

We have quoted and placed many product liability policies for custom motorcycle manufactures and when compared to similar size businesses in different industries, one common thread among custom motorcycle manufactures – this group is more likely to roll the dice and not to carry product liability insurance.

This is why I was drawn to the article,  Syracuse Product Liability Trial Underway Against Big Bear American Made Choppers.  Custom motorcycle manufactures should to take notice of the facts of this product liability case and just how quickly a product liability claim can happen.  Fact one, this accident was caused by just two screws that apparently vibrated out of the front fender causing the fender to contact with and lock the front tire of the motorcycle.  Fact two, the injury was real.  The plaintiff ended up having his right leg amputated above the knee.  Fact three, it took three years of discovery before this product liability case was resolved.  I do not have all the facts regarding discovery, but three years implies hundreds of man-hours and hundreds of thousands of dollars were invested to comply and respond to discovery requests.

I do understand that sometimes economics dictate that not everybody can afford insurance; however, when the failure of your product can result in loss of life or serious injury, you have a higher obligation to those that buy your products and you should carry product liability insurance.

With the custom motorcycle manufactures, I believe there is a macho attitude and rationalization that in their minds they believe a person should not buy a motorcycle if that person is not willing to take a risk.  However, I think most custom motorcycle manufactures will find that most riders will accept responsibility for risking their own lives (e.g. driving too fast or not wearing helmets), but will quickly sue when they believe your product was responsible putting them at unexpected or unintended risk.