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Thread: Lawsuit against Ducati

  1. #1
    Senior Member aerofaze's Avatar
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    Lawsuit against Ducati

    Yesterday I got a fair-sized letter about a class action lawsuit filed against Ducati. More information here (including model years affected and options):

    http://girardgibbs.com/ducati.asp

    Here's why, according to the site:

    "In November 2010, Girard Gibbs LLP filed a national class action lawsuit alleging that the plastic fuel tanks on certain Ducati motorcycles are defective because they degrade and deform due to an incompatibility with the motorcycles’ fuel. The suit alleges that this defect leads to a number of unsafe conditions, including destabilizing the fuel tank on the bike’s frame, fuel leaks, and interference with steering. The class action was filed in federal court under the consumer protection statutes of the State of California."

    Our options were outlined as follows:
    • "If you do nothing, you will remain a Settlement Class Member and receive the extended warranties. You will also give up your right to sue Ducati for fuel tank expansion issues.
    • "You may also comment or object to the settlement, but you must remain a Settlement Class Member to do so. The class notice posted below includes instructions for commenting or objecting.
    • "Or you may ask to be excluded from the Settlement Class. You will not receive the extended warranties but will retain your right to sue Ducati for fuel tank expansion issues. See the class notice for instructions to opt-out of the settlement."
    Anyone else get a letter? Guess I'm just about it and most likely will go with the first option.
    Last edited by aerofaze; Fri Nov 18th, 2011 at 08:00 AM.
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  2. #2
    Gold Member salsashark's Avatar
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    Re: Lawsuit against Ducati

    First I've hear of the lawsuit, but I know from other forums that the plastic tank issue has been a long battle with Ducati.

    I haven't received any letter though. Thanks for the heads up.
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  3. #3
    Senior Member tecknojoe's Avatar
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    Re: Lawsuit against Ducati

    You should receive a letter. My buddy got one yesterday.
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  4. #4
    Senior Member Airreed's Avatar
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    Re: Lawsuit against Ducati

    The good ole plastic tank....my 2011 848 is leaking fuel that is most likely due to the tank...i'm talking physically seeing drips of gas. The hole has to be higher on the tank as it only leaks when at least the tank is 3/4 full and on the side stand. The leak started a few months ago, but i still wanted to ride versus' the bike sitting in a shop for a new tank. During that time i'd just put the bike in the stand to level it out without any issues.

    Ducait is replacing tanks, but it's still the same tank...other ducati owners are having the tanks epoxy coated to prevent the leakage/expanding from happen again.
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  5. #5
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    Re: Lawsuit against Ducati

    this is kind of mind blowing. isn't it very well known that plastic and petroleum products don't mix? er, rather, they mix too damn well. most plastics, as far as I know, are petroleum products and, therefore, petrol is a plastic solvent.

    i've got to believe that ducati's engineers know a bit more about this than i do. why/how could a plastic tank possibly be a good idea?

  6. #6
    Senior Member Airreed's Avatar
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    Re: Lawsuit against Ducati

    I'm no petro scientist, but the Euro's/Italians do not add ethenol to their gas; which is the cause of the tank fail....
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    Re: Lawsuit against Ducati

    Quote Originally Posted by Airreed View Post
    I'm no petro scientist, but the Euro's/Italians do not add ethenol to their gas; which is the cause of the tank fail....
    ahhhh, that makes sense.

  8. #8

    Re: Lawsuit against Ducati

    One of the considerations in buying the SP model was the aluminum fuel tank.

    Guess I won't be receiving a letter.
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  9. #9
    Gold Member asp_125's Avatar
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    Re: Lawsuit against Ducati

    They are not alone. A friend of mine went through 3 plastic tanks with his KTM due to the same issue.
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    Member Graphite675's Avatar
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    Re: Lawsuit against Ducati

    Yeah we got 2 of those letters yesterday. I guess I will go with option 1 as well. Haven't had any issues with my tank but have heard of a lot them deforming.

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  11. #11
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    Re: Lawsuit against Ducati

    hmm...funny...seems the brits have the plastic tank figured out...must be an italian thing

  12. #12
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    Re: Lawsuit against Ducati

    So what exactly are they getting ducati to do about this, my 1198 tank started to deform a month after owning it and they just replace it with the same craplastic tank that is bubbling again.They need to give me an aluminum tank but they wouldnt go for that.

  13. #13
    Member Graphite675's Avatar
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    Re: Lawsuit against Ducati

    Quote Originally Posted by mauser72 View Post
    So what exactly are they getting ducati to do about this, my 1198 tank started to deform a month after owning it and they just replace it with the same craplastic tank that is bubbling again.They need to give me an aluminum tank but they wouldnt go for that.

    I think they are trying to get them to extend the warranty to cover the tanks. If your tank bubbles after the 1 year warranty your SOL right now.


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  14. #14
    Member bennice's Avatar
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    Re: Lawsuit against Ducati

    Aprilia tanks have the exact same issue. There's a recall on my '10 RSV4R for a breather cap assembly that's supposed to deal with it. I believe all the Italian manufacturers source their tanks from Acerbis, and all of them have an issue with bulging/deforming due to corn gas.

  15. #15
    Senior Member ChrisCBX's Avatar
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    Re: Lawsuit against Ducati

    Quote Originally Posted by bennice View Post
    Aprilia tanks have the exact same issue. There's a recall on my '10 RSV4R for a breather cap assembly that's supposed to deal with it. I believe all the Italian manufacturers source their tanks from Acerbis, and all of them have an issue with bulging/deforming due to corn gas.
    I have an Ape on order and I already asked the dealer about the tanks. I was told that Aprilia was working on it. I don't know what that means exactly but I do hope it gets corrected before I get mine.

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