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Polaris vehicle overheating death class action lawsuit overview:
- Who: A California federal judge has denied a motion to dismiss a class action lawsuit filed against Polaris Industries by James DiBiasio.
- Why: Polaris unsuccessfully argued DiBiasio waited too long to file claims he had been sold a defective RZR XP 1000 vehicle that was ultimately recalled by the recreation vehicle manufacturer over fire risk concerns.
- Where: The class action lawsuit was filed in California federal court.
- What are my options: Advance Auto Parts carries parts for many different vehicles.
A federal judge in California has denied a request by Polaris Industries’ to dismiss claims the recreational vehicle company manufactured defective vehicles that were prone to overheating and caused multiple injuries and one death.
Polaris argued the consumer behind the proposed class action, James DiBiasio, should have filed the complaint years ago when he first learned that his RZR XP 1000 sport side-by-side vehicle was defective.
DiBiasio claims certain Polaris off-road recreational vehicles produced between 2011 and 2018 contain a common design defect that causes their engine compartments to reach temperature levels about what they were able to withstand.
Polaris initiated a recall for its model year 2013-2016 RZR 900 and RZR 1000 vehicles in April 2016 following around 160 reports of fires, resulting in a total of almost 20 injuries and a total of one death, reports Law360.
The recreational vehicle manufacturer argued DiBiasio, meanwhile, purchased his RZR XP 1000 vehicle on Aug. 8, 2016, but waited until February 2022 to file his class action lawsuit.
“Plaintiff waited more than five years after purchasing his vehicle to file this action, rendering each of his claims time-barred under the applicable statutes of limitations, which run no more than four years,” Polaris said, in its motion to dismiss, reports Law360.
Judge rules plaintiff did not indicate in class action that they were aware of alleged defect in their Polaris vehicle
The judge, however, determined there was nothing in the class action lawsuit that indicated DiBiasio was aware of the alleged defect, meaning he would be allowed to toll the statute of limitations, for the time being.
“Contrary to Polaris’s arguments, DeBiasio has not pleaded that he had actual knowledge of the defect or that the defect manifested in his vehicle in a way of which he was or should have been aware,” the judge said, in his order.
Polaris recalled more than 93,000 of its model year 2021-2023 Sportsman 450 and 570 All-Terrain Vehicles over concerns they were equipped with an improperly assembled wiring harness that could cause their front brakes to stop working and potentially start a fire.
A number of recalls were initiated for all-terrain, off-road, and utility vehicles last year by companies — including Polaris, Honda, and Kubota — concerned they contained safety hazards.
Do you own a Polaris recreational vehicle? Let us know in the comments!
The plaintiff is represented by Roland Tellis and David B. Fernandes Jr. of Baron & Budd PC, Adam J. Levitt, John E. Tangren, and Daniel R. Ferri of Dicello Levitt LLC, and Courtney L. Davenport of the Davenport Law Firm LLC.
The Polaris vehicle overheating death class action lawsuit is DeBiasio, et al. v. Polaris Industries Inc., Case No. 2:22-cv-03715, in the U.S. District Court for the Central District of California.
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3 thoughts onPolaris lawsuit alleges recalled vehicle overheated, caused injuries, death
I own a 2021 Polaris Turbo S4. Recall on the clutch and steering. Both were stop rides and we lost money due to the stop rides. Extended warranty expired, insurance and registration. Polaris customer service is not helpful.
I own a Polaris
I have a 2014 rzr 1000 and my brakes caught on fire and melted some parts close by , and sprayed brake fluid all over me and my passenger , the brake fluid made all the painted surfaces peel and the unit looks like crap now