Due To Polaris Lying About Its UTVs Meeting Safety Requirements, Customers Were Put At Major Risks
A new class action lawsuit claims that Polaris is endangering its customers by lying about the safety of its off-road utility terrain vehicles (UTVs) and manipulating specifications to assure that UTVs meet Occupational Safety and Health Administration (OSHA) requirements.
The Class Action Lawsuit
Lead Plaintiffs Michael Hellman, Francisco Berlanga, Tim Artoff, Cy Mitchell, and Jonathan Lollar filed the four-state class action lawsuit in California on May 25.
They alleged that Polaris deliberately failed to fulfill all federal and state statutes, standards, as well as self-adopted regulations and requirements concerning its UTVs’ rollover protection system.
On behalf of UTV owners in California, Oregon, Nevada, and Texas, the group has filed a class action lawsuit. UTVs, unlike all-terrain vehicles (ATVs), have traditional seats and restraints.
Additionally, they are comparable to golf carts with throttle and brake pedals — except they can reach speeds of up to 60 mph and are prone to rolling over.
Polaris marketed and verified that the vehicles’ rollover protection system met OSHA requirements and standards for agricultural tractors. Furthermore, according to the group of customers, more than 150 Class vehicle models have stickers certifying the vehicle meets OSHA requirements.
As per the class action lawsuit, “The stickers are placed on Class Vehicles and are visible at the point of sale where consumers are also informed that Class Vehicles meet all applicable standards and regulations, including self-adopted regulations, and meet OSHA requirements, when in fact, they do not.”
With this, the group believes that Polaris has been undercounting vehicle weight for testing. Additionally, none of the vehicles would meet safety standards if actual weights were taken into account.
Hellman, according to the claim, bought a 2018 Polaris RZR Turbo S in 2018. After seeing how fragile Polaris’ cages were, Hellman purchased a separate cage system, claiming that he did not feel that Polaris delivered the safety essential to safeguard him and his passengers.
Similarly, Berlanga, Lollar, and Artoff all purchased UTVs from Polaris in large part because of the OSHA sticker, which led them to assume the vehicle was safe for themselves, family, and friends.
Mitchell, on the other hand, bought a new 2019 RZR XP Turbo in Nevada and later experienced a rollover in which the rollover protection system failed “due to it being weak and unsafe for consumers,” according to the lawsuit.
Failure to comply with all applicable federal and state statutes, standards, and self-adopted regulations and requirements is critical data for UTV buyers and lessees.
Because Polaris failed to disseminate these data, it led customers to face major risks of severe injury or, worse, death, the claim states.
The group seeks to represent Polaris UTV owners in California, Nevada, Oregon, and Texas. Accordingly, the customers seek certification of the Class, damages, injunctive relief, attorney fees, and a jury trial for violations of state advertising and trade laws.
Editor’s Note on Polaris UTV Rollover Class Action Lawsuit 2021:
This article is published to inform you of the latest class action lawsuit filed against Polaris due to deliberately failing to fulfill all federal and state statutes, standards, as well as self-adopted regulations and requirements concerning its UTVs’ rollover protection system.
Case Name & No.: Hellman, et al. v. Polaris Industries Inc., et al., Case No. 2:21-at-00488, in the U.S. District Court for the Eastern District of California – Sacramento Division
Products/Services: Rollover safety on off-road utility terrain vehicles (UTVs)
Allegations: Polaris deliberately failed to fulfill the safety standards for its UTVs’ rollover feature.
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