Agreed. It's a known issue and has been repaired by H-D for some tme under warranty and good will. While many of the affected model range bikes hasn't had a problem, that doesn't mean that there isn't a problem or issue for others, and there isn't a defect. Has every single Toyota or Lexus had unintended accelleration? No. Is there a real problem and major recall in effect? Yes.
Seems like an arguement could be made the stress you might put on the seat everytime when backing up. The seat, fender and fender bolt has to be able to take this kind of pressue.