Polaris hit with saddlebag defect class action lawsuit

On Dec. 12, a saddlebag defect class action lawsuit was filed against Polaris Industries Inc., a Minnesota-based ATV and vehicle manufacturer, alleging the company’s Victory motorcycles contain saddlebags with defective latches. This alleged Polaris saddlebag defect renders the motorcycle’s storage compartments functionally useless, contradicting Polaris’ marketing claim that their Victory bikes are “high-quality and durable,” according to the class action lawsuit.

Lead plaintiff Charles Harden alleges 15 different Victory motorcycle bike models have featured the defective lock mechanism since 2010. According to the Polaris saddlebag defect class action lawsuit, this defect causes the lid of the right-side saddlebag to fly open while riding, thus becoming a potential safety hazard for the Victory motorcycle riders and other drivers on the road. Harden has allegedly experienced this defect first hand, as he is an owner of a 2013 Victory Cross Country that he claims contains the saddlebag latch defect.

The Victory saddlebag latches are allegedly misaligned, which Harden claims causes the latches to wear down and eventually snap off. Additionally, Harden claims the cushions positioned next to the Polaris saddlebag lid is made from materials that are too soft materials that depress over time, which allegedly increases the latch misalignment.

“Because of these inherent design defects, the saddlebag latch mechanism will inevitably break regardless of how often the owner uses the saddlebag,” Harden alleges in the Polaris saddlebag defect class action lawsuit. “In fact, due to these design defects, the normal vibration from merely riding the motorcycle, in and of itself will cause the latch mechanism to fail, even if the owner never opens the latch or uses the saddlebag.”

Harden claims that the Polaris saddlebag defect cannot be easily fixed and requires owners of Victory motorcycles to buy and install a new ignition lock set. A complete ignition lock set, not including the cost of labor for installation, can run anywhere from $300 to $500, according to the saddlebag defect class action lawsuit.

However, even after paying for and installing a replacement lock set, consumers may experience the same latch problem, since the latch replacement parts are allegedly made from the same sub-standard materials as the original lock mechanism.

According to the Polaris saddlebag defect class action lawsuit, “Once a Victory motorcycle owner replaces the saddlebag latch mechanism, the replacement part will also begin to fail, leading to its eventual destruction.” Because the Polaris saddlebag defect is allegedly found in the original and replacement lock latch parts, Harden claims this creates an ongoing, cyclical problem for Polaris consumers.

The Polaris class action lawsuit lodges several allegations against the company, including claims of violations of the Minnesota Consumer Fraud Act and strict liability. Harden is seeking to represent himself, as well as a Class of consumers that would include, “All persons who purchased a Victory motorcycle with saddlebags from model year 2010 to the present.” The Polaris saddlebag defect Class could potentially number in the thousands.

Harden is represented by Thomas A. Zimmerman, Adam M. Tamburelli and Matthew C. De Re of Zimmerman Law Offices PC.

The Polaris saddlebag defect class action lawsuit is Harden v. Polaris Industries Inc., et al., Case No. 14CH19954, in the Circuit Court of Cook County, Illinois, Chancery Division.