OK, Yamaha, let's look at this. Here's a rundown on negligence.
1. Do you owe someone a duty of care? Or more specifically, can it be reasonably expected that any failure on your part to ensure that the goods / services provided by you are fit for the purpose you are supplying them for, could lead to damage and/or injury?
Well, clearly so. As a buyer, I don't have a contract with Yamaha, but negligence is a claim in tort, not one under a contract. I have a contract with the dealer, but Yamaha provide motorcycles that are to be used on public roads. It is clear that any failure to ensure these motorcycles are safe could lead to damage or injury.
Add the fact Yamaha have now been told of the problem, and we're pretty watertight on that.
2. Has there been a breach of that duty.
Yes. There is a fault, it is potentially dangerous, and Yamaha have been made aware of that fault. There are various reports of the fault, video evidence of the fault, all of which is publicly available and has been sent to Yamaha. I know this, I did it myself.
3. Did damage or injury result due to that breach of duty?
No, not yet. Not to me, anyway. So far nothing has driven into the back of me when the bike dies at a junction, and I have not dropped the bike when it splutters and/or cuts out completely when pulling away.
Only two of the three tests for negligence apply so far. Let's hope none of us have to get acquainted with the underside of a bus for someone to start looking at the problem seriously.
Fun this, isn't it? This is not legal advice of any kind, by the way. Just my own ramblings. I realise I'm starting to sound like some vexatious idiot with a persecution complex, but it's not really like that. I'm just a bit annoyed. I think the bike is great, but this fault is a big cloud that kind of spoils it.