400prairie, maddog56.....Would you sell your kawi's without them being fixed? I doubt either one of you would sell without either getting it fixed or telling the buyer about it, because you don't want anyone getting hurt over it.....then the buyer won't want it. You're stuck with it while it depreciates and you can't even use it, much less sell it. That's the reason I still have my '02P650. I can't sell that one cause Kawa won't fix it, and I can't ride the other one cause Kawa warned me not to.

My panties are in a huge wad over this deal.[img]i/expressions/face-icon-small-disgusted.gif[/img]

 

Kawi sent the guy a letter telling him it was dangerous and he chose to ride it anyway. He took a chance and he lost. End of story. I hold Kawi blameless. What else could they do? Send a nanny over to his house to scold him and to swat him on the nose with a rolled up newspaper when he tried to ride the ATV that Kawi told him was unsafe to ride? Station a guard in his garage to physically prevent him from riding the ATV he was told was unsafe to operate? What the hell ever happened to the concept of personal responsibility?

His family will no doubt run to Larry L. Lawyer and put on a weeping and wailing show for the TV cameras and for the jury and get a big fat settlement out of the case. Then when you pay a couple of hundred more for the next Kawi ATV you buy you can thank the sue happy folks and the jackpot legal system. Stupidity pays in our current climate and consumers foot the bill.

I'd be curious if the guy was wearing a helmet. I'd say there is a 80-90% chance he wasn't.

 

No I wouldnt sell it without it being fixed, but I would trade it in to a dealership that is aware of the problem. But do they want trade inventory that they cant sell? Probably not. Plus they wont give you anything for trades, so selling outright would be the only option. Im just stuck with it until its fixed, and that will probably make me happy again and I will want to keep it. None of that would stop me from just buying another four wheeler to ride though.

 

mine was parked for a little over a month for the a-arm recall on the BF750 sometime around Sept of 2005. it was frustrating to me because of the amount of $$ I spent on it and to not be able to ride it, but I have a Samurai also so I just wheeled that.

 

you don't think Kawasaki is going to subpeona the reporter that those people told about the letter he got??????? think again lol

 

The he told she told testimony doesnt hold much weight in a court. If the man who got hurt doesnt have a letter or proof that he got one or PROOF he was somehow notified of the recall, its over.
Do I think he knew? Sure I do. Should he sue Kawasaki, I personally dont think so. Could a four wheeler feel solid and pass the inspection criteria before your ride, and break halfway through and kill you, sure it can. Can a person ride with reckless abandon, not wearing a helmet and push the ATV beyond its design limits and kill themselves. Yes. Too many variables to say certain one way or another.

 

yeah, I guess you have a point. when I got my recall notice it was not a certified letter.

 

I think that Kawi is basically screwed. Here's why.

You can talk all you want about the letter and such. But the bottom line is that the recall is due to a defect in their workmanship. The lawyers are going to be all over that point.

Is the letter actually enough to absolve them of responsiblity? Probably not.

 

Nobody around here in my area is going to stop riding there quad for a month to wait for a recall part..They keep feeding me the same bs everytime..we will call you when the parts come in...I think they keep delaying people due to the fact that they arent going to make any money off of fixing a recall and it is somewhat time consuming to do this job....

Dont get me wrong i love my quad and kawasaki in general...So is it the manufacture or the local dealerships????

The whole issue just plain out sux....I would trade the damn thing if i had the money just to not have to deal with the issue of hoping that my steering nuckle is going to break....

Hell my local dealer told me to inspect it and go ahead and ride it...For all we know the guy that died may have been told the same thing....just my opinion

 

If I were you Kawi owners, I would ban together even just from this forum. I would send a letter threatening a class action suit. Loss of enjoyment, depreciation etc., etc. It will work. Demand the parts. They may just send them specifically to the dealers for the members mentioned in the letter. Demand it, then follow through on the threat if not delivered in a timely manner. One of you needs to contact a lawyer. Most will do this pro-bono, and Kawasaki will have to pay the attorneys fees.