Opinions and Thoughts Requested

[Bruce McCrary]

Sometimes I get myself into trouble simply by saying what I believe to be the right thing...

Before I go any further let me explain that what you are about to read is 100% true, is not the dealership where I work, but is one located in NC.

I'm on several e-mail lists/groups that are motorcycle related, some are devoted purely to the sport, others to the industry and a few are specific to land use issues, riders rights and legal issues. Last night an attorney, one that rides mind you, made a post to one of the lists that has had me shaking my head.

The story goes like this; His client bought his first bike, a used sport bike, rode it for a period of time then took it to a dealership to have a new rear tire installed. Leaving with his new tire mounted he enters an intersection, makes a turn and drops the bike, 'crushing' his leg. Witnesses claim the rider did nothing wrong, wasn't hot rodding, etc when the accident occurred. Apparently the accident happened close to the dealership because the 'Service Manager' ran out to the rider and asked "Didn't anyone tell you that new tires are slick?".

The attorney making the post asked if new tires are indeed slick (!) and if so, why. The subject was beat to death over the course of the day and yes I had my hand in doing some of the flogging. Now, with out going any further you know that what's going on here is that the attorney is about to sue not only the dealership but the tire manufacturer as well.

So I guess what I'm asking here is this;

A.) You guys know that new tires are slick, right?

B.) Do you feel that a suit is justified in a case like this?

I'll weigh in with my thoughts later.

Bruce

 

[pooty]

a. yes
b.no

 

[Wolfman]

Any dealer that i have ever bought & had tyres fitted at, has always warned me to be extremely careful until the "waxy coating" has been worn off. I have had a friend who dropped his bike on the way out of a dealership after having a new tyre fitted...and he is a rider with 20 years riding experience!

This is a touchy issue in my mind, as i know also that tyre fitters can pre scrub this slippery layer off the tyre if they really want...so why dont they? more legal issues?

Then there is the issue of the Manufacturer......where is a written warning...never seen one, you would think they would if they thought they may be made accountable for liability in the case of an accident.

Am guessing, that a precedent may have already been set, as i would assume that this would not be the first time, someone has tried to lay blame elsewhere, other than themselves, for insurance, or other reasons.

Taking on the Tyre Manufacturers in court might be fun, am guessing they would have a pretty decent legal team.

Finally, if the rider feels he has a valid case, and that he deserves compensation...then all power to him re sueing these guys...very interesting situation.

:thumbup:

 

[CanadianFZ6]

Yes, new tires are slick... known it for ages...

Why not sue???... America is the land of free and of course suing for a living....

 

[notjohndavid]

I think it's common knowledge that new rubber is slick.
I think you have to show that the dealer/tire manufacturer is neglegent in order to have a suit. I would think that since it's common knowledge you shouldn't have one.

The other side to that is it's common knowledge that coffee is HOT. yet, a lady wins $800k when she pours it on her legs after getting a cup from McDonalds. I think what may hurt the dealership more than anything is when the Service guy ran out and said "Didn't anyone tell you that new tires are slick?" That's almost like admitting they were at fault for not telling him :-/

 

[ANLR21]

Unfortunately, there are far too many instances where "someone other than me must be responsible for my incompetence/stupidity/arrogance/bad luck".

Given the limited information here, I can only say that:
1 - New tires aren't "slick", but certainly don't have the grip of scrubbed-in tires. I doubt that the grip differential would have made much of a difference, if presumably this new rider grabbed that big of a handful while pulling out of the dealership.
2 - Again, with the limited information provided, no, I don't feel that a lawsuit is justified, but I've got this bad habit of thinking that you need to take responsibility for your own actions.

 

[VEGASRIDER]

To be honest, as a newbie for riding streetbikes, I had no idea that my tires would be slick riding it off the showroom floor. But I was informed by the salesman so off I went riding away cautiously. Otherwise, I may have done the samething.

I was warned once again by the service department after I got my tires replaced, that they would be slick.

I may recommend that whenever a new bike is purchased, or a new set of tires is placed onto the bike, they sign some sort of form acknowledging that they have been warned that new tires are extremlely slick.

 

[wrightme43]

I dont think new tires are slick.

First off, Knoche quickly dispatched the old wives' tale that the surface of the tire needs to be scuffed or roughed up to offer grip. "Maybe it's coming from the old days when people were spraying mold release on the tread when the molds were maybe not that precise," Knoche speculates, "and the machinery was not that precise. But nowadays molds are typically coated with Teflon or other surface treatments. The release you put in there (in the sidewall area only, not the tread) is for like baking a cake, you know, so that it fills all the little corners and today that is done more mechanically than by spraying. The sidewall is important because you have all the engraving in the sidewall [with tire size, inflation pressure and certifications] and that you want to look nicely on your tire, so that's why we still spray the mold release there."

There is no mold release compound. Its a myth!!!

New tires have a different profile.

Now the main issue is that the bead is not fully seated for a solid 25-100 miles. I believe you can spin the wheel in the tire. You can easily lean the tire into the ground using the force you used to use.



On the suing issue I know there are good lawyers, but most of them should be ground up and sold as hamster food.

 

[chuckfz6ryder]

a) I was told new tires are slick and always respected this information. I believe that at the beginning of any ride, the tires are cold and have less grip and extra caution should be observed for a mile or two.

b) I would consider a lawsuit unjustified unless the accident was caused by faulty work by the dealership (loose axel nut or something not reconnected)

 

[Scorphonic]

A.) You guys know that new tires are slick, right?

Of Course!!! Scrubbing in required and all that. (The dealership should have told him this.)

B.) Do you feel that a suit is justified in a case like this?

Yes and No. It all depends on whether the dealership told the guy that he has to take it easy for the first 50 or so miles. IF they did tell him then No suit should be filed but if they neglected to tell him then he can sue to his hearts content...

BUT....only the dealership is at fault..not the tyre manufacturer. All motorcycle tyres require scrubbing in and its a well known fact to those of us who have been told by good dealerships. If I wasn't told the first time I got a tyre change I'd have gone out and driven normally and fallen on my rear.

All the dealership have to say is that this guy was told to be careful and they're off the hook...no case at all!!!

 

[wrightme43]

How To Properly Warm Up Your Tires - Sport Rider Magazine



Just want to reiterate that the mold release compound is a myth, and does not exist.

Now the shop can get tire lube on the tread, the tires can get oil/grease/dust from the enviroment, there could be any number of things on the tread, but its not mold release compound.

 

[davidsa1]

I have never been told by a dealer that new tires are slick, and have never had any issues with new tires but I do take it easy for the first bit of riding.

I would not sue, but then again i'm not sue happy like so many people looking for a free ride.

 

[wrightme43]

Frequently Asked Questions About Dunlop Tires

Nothing about a mold release compound

Now Michelin does have a statement about mold release compound.

Here.

Break-in period

I have always thought it was a myth, and maybe I am wrong. It sure wouldnt be the first time.

I do know that I have never had a problem, as long as I follow the COLD TIRES COLD TIRES COLD TIRE mantra in my head untill they warm up.

 

[cashcrzzy]

A. yes

B. In this world of greed no doubt they will sue someone
But in this guys defense the dealer should have warned the cust about the slick tires. But on the otherhand the customer should have already known about the tires. You can see that a new tire is glossy
Greg A.

 

[Stumbles06]

Yup, that's what the guys at the shop told me when I just had a new Michy Pilot put on the front... First 100 K's take it easy... or that "stoppy" will turn into a "slidey" :rof:

 

[D-Mac]

I've always been told to take it easy for the first 50-100 miles.

I don't see the lawsuit, although given how many stupid warning stickers come on our bikes, I'm surprised that our tires don't come with giant stickers on them telling us to ride slower in the cold/wet. The manual also warns that 'motorcycles can be dangerous when ridden improperly....' WHO KNEW!?!?

I think that guy would have to prove that (1) new tires are slick enough to cause the fall (good luck to him on that one) and (2) the dealer was negligent (even tougher). Now if the dealer put armor all or something like that on his tires he might have a case. Beyond that he probably just goosed it or hit some gravel.

 

[Stumbles06]

I guess also, you need to work out if there was anything on the road as well. Intersection??? Maybe a car smash the day earlier had droped oil/fuel onto the road, another vehicle may have dropped fluids on the road???

As has been said, too many people turn to law-suits these days... just because they can.

People need to take responsibility for their own actions/stupidity.

 

[davidsa1]

I think that guy would have to prove that (1) new tires are slick enough to cause the fall (good luck to him on that one) and (2) the dealer was negligent (even tougher). Now if the dealer put armor all or something like that on his tires he might have a case. Beyond that he probably just goosed it or hit some gravel.

Come on you don't have to prove anything, look at the person who sued and won because he or she spilled hot coffee on themselves and got burnt.

 

[Humperdinkel]

A. Ive been told and also known that tires are slick when new (my tyre fitter removes the waxy coating and warns people about scrubbing in) so i always take it easy on new rubber....

B. When are the people in this world going to take responsibilty for there own actions :rant: , if he wasnt doing anything stupid then it wouldnt have fallen over.... New rubber isnt that slippery that you are going to fall over whenever you fit it , now is it ? Otherwise we'd all be going down everywhere......

 

[bcityroller]

My .02
a - yes brand new tires are slicker than they will be after a little use... but IMO not so much than you should drop your bike driving normally in traffic on the way home from the shop.
so the obvious answer to
b - not warranted but probable nonetheless given the system and I wouldn't be surprised to see some sort of award if the shop didn't actually inform the rider

Who's up for a standard tire installation release form... making it's way across the US to a dealer near you.