Polaris lies about UTVs meeting safety requirements, puts customers at risk of death, class action alleges

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Polaris is putting its customers at risk of serious injury or death by lying about the safety of its off-road utility terrain vehicles (UTVs) and falsifying specifications to make UTVs pass Occupational Safety and Health Administration (OSHA) requirements, a new class action lawsuit alleges.

The four-state class action lawsuit was filed in California on May 25 by lead Plaintiffs Michael Hellman, Francisco Berlanga, Tim Artoff, Cy Mitchell, and Jonathan Lollar, who allege that Polaris intentionally failed to meet all federal and state statutes, standards, regulations, and self-adopted regulations and requirements in regard to its UTVs’ rollover protection system.

The group has filed the class action lawsuit on behalf of UTV owners in California, Oregon, Nevada, and Texas. Unlike an all-terrain vehicle (ATV), UTVs have traditional seating and restraints, and are similar to golf carts with throttle and brake pedals – however they have speeds of up to 60 miles per hour and have a high risk of rolling over.

The group of consumers say that Polaris advertised and certified that the vehicles’ rollover protection system complied with OSHA requirements and standards for agricultural tractors, and the more than 150 Class vehicle models include stickers that certify the vehicle meets OSHA requirements.

“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,” the class action lawsuit claims.

The group alleges that Polaris has been undercounting vehicle weight for testing, and that with true weights accounted for none of the vehicles would meet safety requirements.

According to the claim, Hellman purchased a 2018 Polaris RZR Turbo S in 2018. On becoming aware of how weak Polaris’ cages were, Hellman bought a separate cage system, saying he “did not feel [Polaris’] provided the safety necessary to protect himself and his passengers.”

Berlanga, Lollar, and Artoff all bought UTVs from Polaris in large part because of the OSHA sticker leading them to believe  the vehicle was safe for themselves, family, and friends, the claim says.

Mitchell purchased a new 2019 RZR XP Turbo in Nevada, and later had a roll over where the rollover protection system collapsed “due to it being weak and unsafe for consumers,” the claim states.

“But for Defendants’ misrepresentations, misleading and fraudulent statements, Plaintiffs would not have purchased the vehicles or would have paid substantially less for the vehicles than the purchase price of upwards of $20,000.00 each.”

Roof strength is a vital safety concern to consumers given the strong likelihood of UTVs rolling over, the class action lawsuit explains.

The failure to meet all applicable federal and state statutes, standards, regulations, and self-adopted regulations requirements is material information for consumers purchasing or leasing UTVs.

In failing to provide consumers accurate and truthful information about the safety of the vehicles, Polaris led customers to face a strong likelihood of serious injury or death, the claim states.

“Consumers are damaged based on the benefit of the bargain, that they have to retrofit the Class Vehicles for adequate safety.”

The group wants to represent Polaris UTV owners in California, Nevada, Oregon, and Texas. The consumers are suing for violation of state advertising and trade laws, and seek certification of the Class, damages, injunctive relief, legal fees, and a jury trial.

This isn’t the first class action lawsuit Polaris has faced over its rollover protection system. In 2019, a class action lawsuit alleged that Polaris UTVs did not meet safety requirements and had a tendency to rollover causing injuries and deaths.

Have you ever been in a UTV? Did it feel safe and secure to you? Let us know in the comments section!

The group is represented by John P. Kristensen of Kristensen LLP, Todd M. Friedman, Esq. of Law Offices Of Todd M. Friedman, P.C., and Christopher W. Wood of Dreyer Babich Buccola Wood Campora, LLP.

The Polaris UTV false advertising class action lawsuit is 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.

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