Just In: Preliminary Ruling on Ducati tank lawsuit - Ducati.ms

Count Lippe · Aug 26th, 2011, 6:36 pm

http://www.girardgibbs.com/Ducati%20...Settlement.pdf

Maybe any forum member versed in legalize could summarize this for the rest of us

riva996 · Aug 26th, 2011, 6:50 pm

Looks to me like a file to request a class action suit on the expansion of the plastic tanks. Must be an after warrantee issue as I thought Ducati replaced them if they leaked?

Sent from my Motorcycle iPhone app

latte committee · Aug 26th, 2011, 7:07 pm

Long story short ,,,,,

Plaintiff's case proven.

Costs of all parties awarded against Ducati.
Ducati's attempt to minimise the cost is semi successful, in that they do not have to replace every fuel tank, only those that present with problems, for a period of 6 years from the date the finding is handed down, irrespective of the age of the motorcycle.
The extended warranty is transferable to successive owners.
Ducati required to contact EVERY owner of EVERY potentially effected motorcycle.
Ducati not required to produce a modified fuel tank to address the matter, but to produce a modification that allows the tank to "grow", so that if it does, it can do so without hindering handlebar movements, or splitting the tank.

( I find this INCREDIBLE ,,,, the original tanks are proven to be defective, yet they are allowing them to be continually used.
There will come a day when somebody is seriously injured or worse, and the precedent of this case will be used in further litigation.
If Ducati had half a brain, they'd be working towards an alternative fuel tank to better address this matter )

My conclusion ....
Ducati have been bought to account, but have negotiated a minimised outcome, and have bought themselves some time with the "interim fixes" to cover their arses in the event of somebody being injured or killed as a result of this matter.

The root cause has NOT been fully addressed.
Hopefully lessons have been learned, and Ducati will not be so arrogant or dismissive of such matters in the future.

spyvito · Aug 26th, 2011, 7:14 pm

Looks to me like Girard Gibbs got a trip to visit the factory, almost $850k. The class members get adjustments to steering stops, brackets, o-rings x-rings, repositioned tanks or shorter seats so that tanks don't hit the ignition switch, etc. 6 years from purchase or 18 months from settlement date.
Were you hoping for an aluminum tank or some other material that ethanol can't attack? Silly person. What you may receive is a smaller tank that won't hit your steering damper or other components.
As for me, I'm hoping that the Caswell holds up.

dmrst · Aug 26th, 2011, 7:15 pm

Reads to me that if you own a covered vehicle, Ducati will repair or replace tanks and affected parts under an extended warranty, up to five years.

The vehicles are listed and the warranty terms are listed. Looks like good news as they will also cover other affected parts that are damaged or no longer fit due to expansion. Better than nothin. Though the attorny's fee would probably have bought all of us a metal tank.

Hailwood1 · Aug 26th, 2011, 7:35 pm

Yeah, this is pretty lame. They will fix the bike to allow the defective fuel tank to grow. Wow, this is really disappointing. How are they allowed to get away with this, I just dont get it. A car company would be held accountable and have to replace them, why not Ducati. I for one am now going to boycott them and not purchase a new bike. I was going to buy a Hypermotard or a new Multi this year, but they now lose my business. I dont want to buy another plastic tank bike that will have inferior parts and not be properly taken care of. Im so glad I am not a dealer anymore because I would not want to have to explain this to all my customers. What a bunch of CRAP!!!!!

fw1421 · Aug 27th, 2011, 12:12 am

Ok,just what do you think this is going to due to affected Ducati values on the used bike market? After the 5 years is over, suppose my affected Ducati has relatively low milage and I try to sell my bike. Will anybody want to buy it knowing there are big issues with the plastic tanks,and will it be worth less than if Ducati had redesigned the tank so it would not expand with ethanol infused fuel? This is very perplexing and I'm afraid this may reduce used bike values even more than they are now.

GrandpaDuck · Aug 27th, 2011, 1:37 am

Quote:

Originally Posted by fw1421

Ok,just what do you think this is going to due to affected Ducati values on the used bike market? After the 5 years is over, suppose my affected Ducati has relatively low milage and I try to sell my bike. Will anybody want to buy it knowing there are big issues with the plastic tanks,and will it be worth less than if Ducati had redesigned the tank so it would not expand with ethanol infused fuel? This is very perplexing and I'm afraid this may reduce used bike values even more than they are now.

I've been looking at used Monsters (and a buddy's Paul Smart) recently. Your concerns definitely match my thoughts. Factor in an eventual $1900 gas tank (or whatever an aluminum or CF one will cost) into the purchase price. At some point Ducati's going to stop covering these. I wouldn't want to be left holding the bag. In the end I voted with my wallet and went with an older, metal-tanked bike.

916WI · Aug 27th, 2011, 5:41 am

Correct me if I'm wrong, but haven't the coatings been completely successful at stopping tank deformation?

oalvarez · Aug 27th, 2011, 6:15 am

^ I had mine (Streetfighter) professionally coated almost a year ago as I didn't want to deal with the same hassle again and again. Unlike bike problems you read about on forums such as this one, I haven't been able to find any related to professionally coated tanks on modern day bikes. Now, should I have to eat the cost as opposed to Ducati? That's for another thread......