I gotta wonder if it WAS yamaha, and not a law firm pretending to be once they got their hands on an owner's list...

 

sounds like some noob had the bike get away from them and now they are suing Yamaha .....

 

It was on Yamaha stationery. It also gave the names and addresses for lawyers on both sides.

 

Tell them it's great, you love it.

Lacking skill it one's own fault for riding a bike that the skill set is not up to par.

 

https://www.prnewswire.com/news-rel...ases/paralyzed-motorcycle-rider-sues-yamaha-over-throttle-defect-300318289.html

i think this tells some of the story

 

https://www.prnewswire.com/news-rel...ases/paralyzed-motorcycle-rider-sues-yamaha-over-throttle-defect-300318289.html

i think this tells some of the story

So I was right...some noob had the bike get away from him and now they are suing Yamaha..

 

"The Yamaha FZ-09 is a popular midsize street bike. According to the lawsuit, the 2014 model was the first FZ-09 to use Yamaha's throttle-by-wire computer-based technology to calculate throttle response instead of the throttle being controlled by the operator via a mechanical cable. Buyers immediately began complaining about the bike's "twitchy throttle response," "jerky throttle response," and" surging at slow speeds," according to the lawsuit.

As a result, Yamaha altered the computer software in the 2015 model FZ-09 specifically to smooth out the throttle response and provide better control of the motorcycle, according to the suit. At no time did Yamaha attempt to notify owners of the 2014 FZ-09 of this serious safety issue or the availability of a repair, the lawsuit noted.

In a September 2014 Technical Bulletin about the 2014 FZ-09 sent to dealers worldwide, Yamaha noted "When certain model units are operated between 18 and 37 mph in 1st or 2nd gear, the rider may experience a non-linear transition between closed to ¼ open throttle."

The bulletin further advised dealers to "modify only those units that experience this condition," the lawsuit noted."

 

It is always someone else's fault!

 

of course! And esp since we're talking the '14 model I'd start with the engineering department in Japan. I'm sure the TPS wasn't doing anybody any favors but neither was the FI map and god help you on the suspension. Those can't be laid at the feet of poorly skilled riders - even if a hamfisted person would make the problem worse.

Though:
> the throttle on the 2014 FZ-09 was defective and carried a risk of sudden, unintended acceleration,

Didn't people try that line with Toyota and a couple others? Where it was discovered some people couldn't keep brake and throttle pedals straight nor their feet placed properly on the controls? I feel sorry for the guy but jeez, that's why you learn how to use the clutch. Hell, yo want to talk about erratic performance, try the CB250's on the MSF range. Nothing, nothing, bog, sputter, VROOOM!!! FAAAACCCKK AiEEE

Ah yes, as in instructor one learned to keep the head on a swivel and be light of foot.

 

Reading the entire story I am inclined to agree with the plaintiff. If the report is to be believed a throttle response that goes from almost nothing to the equivalent of 1/4 open with no user input is actually dangerous and is the manufacturers responsibility to rectify it asap without needing owners complaints.

 

No user input? That's known as a closed throttle, or idling. I've never seen a bike in either of those modes do anything dangerous.

 

My 2015 was built 2/15 and the throttle is horrible. I forced myself to get accustomed to it, but it's the worst throttle I've ever had on a bike. There was a time when the abrupt throttle snatch nearly threw me backwards off the bike. Since then I start off in the B mode.

 

What the letter does not say is what was the riders experience. There should be video surveillance footage if they search. 5 will get you 10 it was his first bike or first bike in 20 years. Did he do the motorcycle safety foundation course? We all suffered from the bad throttle response but how many of us wrecked because of it? The letter says that Yamaha never told him but if he had even complained the dealer would have fixed it.

 

Now you can tell Yamaha that you didn't wanna die so you had the ECU flashed by an aftermarket tuner

 

and maybe yamaha will reimburse us all for the flash.......exhaust, levers, quickshift, lights, comfort seat, and so on...lol

 

This may have been the riders fault, but it is possible that it could happen to a careful, experienced rider. Making a slow turn in a parking lot close to a curb and the throttle surges dumping them on the curb. The snatchy throttle problem is clearly documented and Yamaha didn’t send a recall out to owners. They’re gonna lose and they should. How many forum members have complained here about that throttle.

KTM has a defective gas tank on their 690 Duke. The top warps under the filler neck flange and a full tank sloshes fuel out into the riders lap. Very, very common with lots of formal complaints. If you jump through all the hoops with your official complaint, you get a new tank. Most of the replacements do the same thing and you start all over trying to get it fixed. No owner recall and KTM continues to source them from the same supplier. To my knowledge, nobody has burned to death yet, but that’s probably what it’s going to take for them to eliminate the problem.

The manufacturer should be held accountable when they allow known safety issues to go unfixed.

 

Now all this guy's lawyers have to do is prove that this is actually what happened and that may be eaiser said than done in a courtroom.

 

Let's see, you own a bike and you know it has this fault, so what do you do. Get it fixed? Sell it? Complain to the manufacturer?
He did none of those things.
If he had not been badly hurt would be have sued? Of course not, he would have just kept on riding it. I feel sorry for him and wish it had never happened just the same way I do for anyone that is in a bad accident whether it is there fault or not but I don't think you can always blame the manufacturer for everything either, you bought it, you rode, common sense told you to be careful with that throttle but you overrode your ass. End of story.

 

hmmm...

2014 model

crashed on January 16, 2016?

screams noob to me that didn't do any research into the bike at all, agree yamaha should have alerted and fixed the issue right away. when did yamaha release the new flash for the '14 year model addressing the issue? did the guy buy the bike from the original owner or dealership? guy should have checked if the ecu had been updated, documentation of such action.

...gonna get some popcorn and beer, continue the finger pointing

 

I just had another thought (they come and go occasional). You buy a 180 HP bike, wreck it and sue because the manufacturer should have only made bikes with 15 HP, where will it end? Let's face it, motorcycles are NOT dangerous any more than a refrigerator is but placed in the hands of humans we become maniacs and that DOES make for a dangerous combination. By placing your hand upon that throttle it is liked signing the "I agree to the conditions" contract. Ride at your own risk.

 

motorcycles are NOT dangerous any more than a refrigerator

I beg to differ. Have you looked at what happens when you're pushing a refrigerator (or piano) up a flight of stairs by yourself and you slip on someone's loogie? They're nasty, nasty killers and you should be able to sue Whirlpool when 300lb of whitebox pins you against the wall.

 

Maybe Yamaha, and other manufacturers, should advertise: "This bike has the crappiest throttle response you've ever seen ... but it's the most fun on any bike you'll ever have."
Bases covered.

 

If you want to read the Yamaha Technical Bulletin, it was posted here way back in Sept 19th, 2014. If you owned a 2014 FZ-09 and didn't know about this free ECU re-flash from Yamaha, you must have been living under a rock somewhere.

http://www.fz09.org/forum/60-yamaha...ecalls-service-bulletins/4813-yamaha-fz09-motorcycles-recalled-2.html#post89929

If I was the Yamaha Lawyer, I would ask the guy to explain in detail what exactly happened. I'll bet the guy tried to make the "slow turn in the parking lot" and didn't even touch the clutch lever. This is a rookie mistake at best, if the guy took a half decent motorcycle saftey course they would have taught this technique in the "slow speed maneuvers" section of the course. I have seen this way to many times than I care to count where guys crash doing slow speed turns and NOT feathering the clutch. Being a noob this guy probably panicked, put a death grip on the bars and cranked on the throttle as a result. It would also be interesting to find out if this second owner had the throttle cables adjusted properly? Crappy throttle cable adjustment will cause a jerky throttle on most bikes.

I still have the stock ECU Flash in my 2014 FZ-09 and I have never had a problem with the so called bad throttle. Good riding skills with proper clutch technique for slow speed maneuvers, and this guy could have avoided his mistakes and crash.

 

"The first thing we do, let's kill all the lawyers". Henry VI, Part 2, Act IV, Scene 2.

 

I can't defend Yamaha here, my stock 2014 had the worst throttle response of any bike I have ever sat on in almost 30 years of experience. That said, B mode was perfect, so I think they rushed this bike to market.

 

I don't see anywhere where it says he is a newb.

I also don't see where it says he was aware of the problem.

A jerky, surging throttle in a uturn in a parking lot can certainly cause a termporary loss of control.

I've owned a '14 FZ09 since new and the original throttle mapping was certainly non-linear at times. That's why I'd feather the clutch while blipping the throttle constantly during slow maneuvers. I couldn't trust the throttle response to be linear. The dealer fix helped a little. Vcyclenut's flash solved it.

 

I don't see anywhere where it says he is a newb.

it didn't need to be said...he lost complete control of his motorcycle in a low speed turn....thats not something that happens to anyone but a noob..a competent rider would have used the clutch to stop the bike from getting away.

In any event, I would assume the fact will come out at trial if it gets that far.

 

So even if he was a newb, if anything that would probably help his case.

 

It's sad to see how many riders (noobs or experienced riders) who don't have a clue how to handle slow speed maneuvers and slow speed turns properly. If you are not feathering the clutch for slow speed maneuvers, and just using the throttle, it's just a matter of time before you crash. This technique works no matter how small or large a motorcycle is.

Here are some good videos on Motorcycle Slow Speed Maneuvering.

If this guy would have learned how to do this, he'd probably still riding a motorcycle and not a wheelchair

 

I got one in the mail today.

 

I hope Yamaha and the attorneys are reading this thread.

I would like to know the riders experience level.
How many bikes owned and what type and miles logged on each.
What riding classes he took.
Was there any gravel present in accident area.
Was front brake used (which in a panic could twist the throttle too).

I would also ask if rider was aware of this forum and has read or searched it.

I would also ask if he read the owners manual.
The front of the owners manual says “read this carefully before operating this vehicle “

Page 2-1 Be a Responsible Owner one bullet says “Obtain qualified training in safe and proper riding techniques”

Page 4-11 states Mode “B” offers somewhat less sharp response compared to STD” also “ for riding situations that require especially sensitive throttle operation”


I started a thread about this bike being too much for a beginner. Lots of members put their two cents in and most have read through it.

Even if this bike had the smoothest throttle on earth it would get you in trouble if you twist the throttle unintentionally. Horsepower to weight ratio dictates sudden acceleration. If the rider had more than 10 miles on this bike he would have felt and known that already.

I can not remember any posts on this forum where the engine had a mind of it’s own. Where the rpm's changed without the rider twisting the throttle.

Did I miss that thread?

Wondering; I do not want to put my phone number and email address on form so I will write in "see copy of Jan 16 2018" or N/A. Yamaha CC's attorneys so why would they need more than my name.