All-terrain Vehicles (ATVs) are three or four-wheeled motorized vehicles designed to be used on unpaved terrain. ATVs have been used for farming, ranching, hunting, recreation, and sports for over 40 years. Their popularity stems from the vehicles’ ability to provide riders with powerful maneuverability. However, these same characteristics make ATVs prone to rollover and fire risks. While all ATV users face certain risks when vehicle manufacturers fail to ensure the safety of their products, the risks of harm skyrocket.
Polaris is a leading manufacturer of powersports equipment, including off-road, on-road, marine, and aftermarket vehicles. While the brand is generally known for manufacturing quality vehicles and parts, there has been a slew of recalls regarding the RZR and Ranger models. These recalls put riders at an increased risk of serious injury or death. As we’ve mentioned in related posts, vehicle manufacturers such as Polaris have a legal duty to ensure the products they release to the market are safe. In the event that a vehicle is dangerous or defective, the manufacturer can be held liable through a product liability lawsuit.
Recalls Contribute to Recreational ATV Accidents
While some people use ATVs for occupational purposes, many are recreational riders. As such, the U.S. Consumer Product Safety Commission (CPSC) urges consumers to understand the risks and safety measures when operating ATVs. ATV-related injuries can stem from a lack of proper training related to vehicle operation in conjunction with the inherent design of the vehicle.
ATVs have large low-pressure tires, motorcycle-type engines, handlebars for steering, and seats that the rider must straddle. The fundamental design of these vehicles requires the rider to make constant adjustments to balance their center of gravity. In addition to these difficulties, some ATVs are at risk for rollovers and fires, especially those that have been recalled.
Recalls Stemming from Fire, Rollover, and Crash Hazards
There are various reasons why manufacturers, CPSC, and other agencies issue safety recalls. The top three ATV recalls involved fire risks, throttle issues, and steering-related problems. Fire hazards include leaking fuel hoses, cracking exhaust pipes, firewall failures, melting components, and other similar problems. Throttle recalls typically originate because of issues with the throttle failing to return to idle. Finally, steering-related recalls often stem from the steering shaft breaking or the electronic power steering unit malfunctioning.
More About the Polaris Ranger and Polaris RZR Recalls
While many off-road vehicle brands have issued recalls over the past decade, the Consumer Federation of America reports that Polaris has had the most recall notices during this time.
Recently, CPSC announced that Polaris issued an "Important Safety Recall" notice to consumers about 2020-2021 models of Ranger 1000 and Ranger XP 1000 off-road vehicles. The notice stated that "affected units were manufactured with throttle pedals that can return to the idle position more slowly than anticipated once the operator releases the pedal or can stick in the depressed position." This defect "can cause the driver to lose control of the vehicle, posing a crash hazard and the risk of serious bodily injury."
However, in addition to this recall, Polaris has issued no less than five other recalls related to its RZR and Ranger vehicles, including the following models:
2021 RZR Pro XP and 2021 RZR Pro XP 4 (3,100 Vehicles)
These vehicles have a raised edge on the machined surface of the turbocharger castings at the oil supply line sealing surface, which may result in an oil leak. Oil leaks create an increased risk of fire which may lead to serious injury or death.
2021 RZR XP Turbo and RZR Turbo S (30,250 Vehicles)
These vehicles are susceptible to clutch failure, which may cause debris or clutch components to be ejected from the clutch housing, posing a potential risk of injury to drivers and passengers.
2021 – 2022 RZR Pro XP 4
These vehicles may develop a fuel leak at the fuel pump assembly joint on the fuel tank. The potential leak area is in close proximity to a hot surface, which increases the risk of fire hazards and serious injury or death.
2020 – 2022 RZR XP 1000 and RZR Turbo S Velocity (38,900 Vehicles)
These vehicles may have steering wheels that can separate from the vehicle, resulting in a loss of control. This is a major crash hazard, significantly increasing the risk of serious injury or death.
2022 RZR Pro R 4 Premium and 2022 RZR Pro R 4 Ultimate (1,285 Vehicles)
These vehicles may have an incorrectly routed battery cable, which may contact the prop shaft during vehicle operation. Prolonged contact of the battery cable with the prop shaft may result in an electrical short, posing a fire hazard and risk of serious injury.
In each of these recalls, Polaris is advising dealers to stop selling the machines and for those consumers who have already purchased them to stop riding the vehicles until the necessary repairs are completed.
Injuries and Fatalities from ATV Accidents
Many factors, such as demographics, helmet use, and alcohol consumption, can contribute to the likelihood of an ATV injury or fatality. These incidents can cause harm to the rider's head, chest, abdomen, pelvis, spine, and extremities. Some ATV accidents require the victim to undergo major surgery and other life-saving medical intervention. For example, some ATV accident victims may need chest tube insertion, surgical procedures, closed reduction and external fixation, spine fixation, craniectomy, and exploratory laparotomy.
There is also an undeniable risk of fatal injury following an ATV accident. In fact, according to the Consumer Product Safety Commission, there were over 2,200 ATV deaths in 2021 alone.
Can Accident Victims File a Lawsuit Against Polaris?
Those who experience significant injuries from an ATV accident should understand their rights and remedies, especially if the accident involved a defective vehicle or component. ATV accident injuries can seriously interfere with your ability to live your life the way you wanted to, from working to playing with your children and everything in between.
For instance, Polaris was recently named in a complaint stemming from an accident involving a 2021 Ranger 1000. Evidently, Polaris sold an ATV to a company that rents the vehicles for recreational use. The company rented the ATV to the Plaintiff in the complaint. According to the record, Plaintiff was operating the ATV in a reasonable manner, and when he took his foot off the throttle pedal, the ATV did not react as it should. Specifically, the ATV did not reduce its speed and rolled over onto its left side. The ATV landed on top of the Plaintiff, trapping him underneath and causing him to experience severe and permanent personal injuries.
The 2021 Ranger 1000 the Plaintiff was driving is subject to Polaris' safety recall, and as of June 22, 2022, Polaris' website indicated that the defect had not been fixed. The victim claimed that he sustained significant damages as the direct and proximate result of the defective throttle pedal of the Polaris ATV.
Claims and Damages After Polaris ATV Accident
ATV accident lawsuits often involve negligence and strict product liability claims. In negligence claims, the plaintiff may allege that the manufacturer breached its duty to exercise care in the design, manufacture, testing, and inspection of its ATVs and that negligence caused the plaintiff's actual damages. Strict product liability claims involve allegations that the ATV was in a defective condition and unreasonably dangerous to consumers because it was unfit for its ordinary and reasonably foreseeable purposes. Strict liability claims do not require a showing that the manufacturer was legally negligent; it’s enough to prove that the product was defective and that the defect caused or contributed to a victim’s injuries.
In ATV accident complaints like the one above, victims may seek damages, including compensation for their severe physical, mental, and emotional injuries; past, present, and future pain and suffering; past, present, and future emotional distress; permanent impairment; lost wages; and loss of earning capacity.
ATV accident victims interested in learning more about their rights and how to effectively pursue them should reach out to an experienced personal injury lawyer for assistance.
