I think BMW's bright adventure Star has faded some in the last 5 years. KTM is now THE major player in the Adventure market ... and getting stronger. BMW are certainly still BIG ... and many thousands of riders still ride GS's all over the world. But their dominance is not quite what it once was.
All that said, BMW have a LONG history of technical problems going back to at least the 1980's, which is where my experience with BMW started. I also was good friends with both mechanics and BMW dealership owners.
Their stories are incredible. Actually, BMW have improved in their response to warranty claims and are now approving more pay outs than in years past. Also, for YEARS BMW would routinely DENY faults with their bikes. NOW ... they sometimes do admit to problems and take responsibility and actually FIX the problems ... sometimes ... no always. Overall, a much better bike than previous.
The case above is a tough one ... and will take a good lawyer and a favorable judge to decide the whole thing in court. In the end I hope the guy can WIN and get the payout he deserves.
But of course if it gets anywhere near going to court ... BMW will quickly settle the matter with a Cash Payment. It's just how this business works.
But if too many cases come before our NHTSA, it may send up red flags which could set off investigations and more lawsuits. But BMW will be well defended, having all the money in the world (mostly (as always) from the Car division)
In decades past BMW motorcycle division was 100% supported by the Car division and the MC division ran at a loss for DECADES. It wasn't until around 2000 that the Motorcycle division finally, clearly paid it's own way with no help from the Car division. This due to big surge in R1150GS and R1200GS sales from about 2000 onward.
Long Way Round really gave BMW a huge boost, especially in UK sales.
Just so as not to pick on BMW alone, many (all?) other companies have had these sort of disastrous law suits happen. NONE are perfect and ALL have screwed customers at one time or another.
But, just in my experience, I guess-ti-mate that BMW tend to have MORE problems and more re-calls with faulty equipment and systems than other OEM's.
Some would argue the reason is because BMW are pushing forward with new, high tech systems first. They were the first to widely offer ABS brakes across their whole range of bikes. Now, they offer ESA and new, sophisticated ABS systems. Pioneers.
Risks taken can bring disasters. The Japanese are far more risk averse and tend to follow at a safe distance ... and also do FAR more testing of new, high tech systems before putting it out to the public. And as a result, have fewer warranty claims, fewer law suits, happier customers ... and make MORE MONEY.