If I have to go the distance I started NHTSA tag -- Reference No. 497626 They recommended if I have to pursue legal action that I file a formal complaint with FTC -- they review management policies 1.877.382.4357 My public servant was Robert #23064 and he was professional nice and courteous -- everything Triumph personnel are not. Won't be the first or last time I had to show a corporate behemoth how to behave.
Here's the fun part: I still have an interest in the condo down there and I might be headed back for more work in the area. I'm sure Triumph and Peter Carleo will have me out for beers, right.
Speaking of old, here is an old yet relevant case involving Triumph motorcycles. The kid died because his engine or transmission seized up because he power-shifted in front of the dealer, who I guess ran him over. Ignore the physical injury aspect and focus on the liability for injecting a latent defect into the stream of commerce: Zaleskie v. Joyce & Triumph, 133 Vt. 150 (1975):
HN2 One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. This rule applies although (a) the seller has exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.Note that alcohol content, carbon monoxide levels and powershifting are not part of this equation. Triumph had some bad crankshafts, the bikes left the factory with said bad crankshafts and that is all she wrote. The Court can and must take Judicial Notice of Zaleskie per Rule 201. Coincidentally, or perhaps not, Mr. Zaleskie may have died off of the first Triumph Triple that debuted in the year of his crash. His father apparently died in 2004 so I'll probably never know but anyway I interview a guy at this summer's British Iron Association Show and Swap about his T150 Triple at 2:45 into this video:
Who will be my expert witness? Chris T -- the lead mechanic at Greater Boston Motorsports testify. At least he never ran me over, and in fact I just got off the phone with them. He is not a metallurgist nor does he need to be because he can tell the Court what is normal and not normal when it comes to engines and crankshafts self-destructing. We flat out discussed the matter and he has never heard of such a thing on a street engine other than Triumph. Truth be known it's pretty rare on a race engine as well. He is one of Boston's more respected motorcycle mechanics and he is the man who swapped my last engines out.
I will be approaching Hinckley and U.S. directors. I will likely ride a Triumph until I can't ride anymore but it shouldn't have to be this painful, as others -- some of whom work for Triumph and who sell Triumph products -- will attest. See below and view my buyers' guide to Hinckley Triples. Buyer's guide, heck I thought I had it all sorted!
WHOA.... Even Victory motorcycles, with no history of shattered cranks, apparently gave all the parts necessary to a guy with 8 year old bike with 21K miles versus my 13K miles on the Sprint. If Triumph wants me to embarrass them in Court I'll be more than happy to do that even though that is NOT what I had wished for. If they are giving up the parts with no history don't you think Triumph should have been giving up the parts and at least half the labour? Hell yah, it should have BEEN A RECALL. Perhaps I need to contact NHTSA. For the coup de gras where does Martin live? In ENGLAND. Fuck me, right? No, fuck Triumph.
Update: Spoke with Mark in Central Warranty; he informs that there is no central policy on the matter and that each market works independently and may or may not choose to escalate to England. He did say he didn't foresee a major problem but exactly what that means in terms of dollars and cents remains to be seen.......and given that I have promised Mr. Carleo that our conversation would be held in confidence the World will only know what happened if we fail to reach resolution or if a lawsuit is actually filed. I sincerely hope the World never knows and I can get on with the gettin' on.
Second update: Triumph told me to go pound sand. I told them to see me in Court. I spoke with their lawyer for a while yesterday. She tried to downplay the Internet postings and I said look, we have other ways to validate my claims that Triumph knew of this problem for a while... including direct emails to me from other people.... and Massachusetts, where I bought the bike, offers treble damages for implied warranty breaches. As others have noted, Triumph has taken a makeshift approach to this problem that belies responsibility for injecting what is clearly a defective product into the stream of commerce. Stay ahem... tuned for lack of a better word.