Polaris class action lawsuit alleges engine defect, fire risk

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Polaris Industries Inc. and Polaris Sales Inc. were hit with a class action lawsuit last week over allegations some of its off-road vehicles have a design defect that creates a significant fire risk, putting vehicle occupants at risk of injury.

Plaintiffs James Bruner, Michael Zeeck and Ed Beattie allege that the Ranger and RZR lines of Polaris off-road vehicles suffer from the design defect. The Polaris class action lawsuit specifically names the following vehicles as posing a significant and dangerous fire risk:

• 2011-2014 RZR XP 900 series
• 2012-2018 RZR 570 series
• 2014-2018 RZR XP 1000 series
• 2015-2018 RZR 900 and S 900 series
• 2016-2018 RZR XP Turbo series
• 2016-2018 General 1000 series
• 2014-2018 Ranger XP 900 series
• 2017-2018 Ranger XP 1000
• 2014-2018 Ranger Crew XP 900
• 2014-2018 Ranger 570 series
• 2014-2018 Ranger 570 Crew series
• 2017-2018 Ranger 500

According to the Polaris class action lawsuit, Polaris has recalled, at different times, all of the above-named vehicles since 2013 due to fire hazards that reportedly caused more than 250 fires, more than 30 severe injuries and at least three deaths.

These recalls have not addressed the root problem that causes the fire risk, the plaintiffs allege. Therefore, the recalls have not created a remedy for owners of the Polaris vehicles, they claim in the Polaris class action lawsuit.

“Indeed, vehicles that have been repaired pursuant to Polaris’s ineffective recalls have nevertheless caught fire and otherwise continued to subject Plaintiffs, the other Class members, and the general public to acute safety risks,” the Polaris recall class action lawsuit says.

The plaintiffs blame the design defect on an “unusually high-powered ‘ProStar’ engine” that is located immediately behind the occupant. The ProStar engines are more powerful than those of competing vehicles and create more heat.

“The extremely high temperatures, combined with inadequate cooling and heat shielding, result in the melting of the plastic body panels and the ignition of any combustible material surrounding the engine, including organic debris, leading to potentially deadly fires,” the Polaris class action lawsuit says.

The plaintiffs allege that, due to fire risk, owners of the affected Polaris vehicles are unable to drive their vehicles without putting themselves at risk of injury and property damage. Unless a proper fix is identified and the vehicles are repaired, Class Members who wish to sell their affected vehicles will suffer a financial loss because the vehicles have reduced value.

The Polaris class action lawsuit was filed on behalf of the three named plaintiffs as well as a nationwide Class of all current and former owners and lessees of affected vehicles that were purchased in the United States. They also seek to represent statewide classes who purchased or leased the affected Polaris vehicles in Alabama, Illinois or Wyoming.

The plaintiffs are represented by Robert K. Shelquist and Rebecca A. Peterson of Lockridge Grindal Nauen PLLP; Adam J. Levitt, John E. Tangren and Daniel R. Ferri of DiCello Levitt & Casey LLC; W. Daniel “Dee” Miles III and H. Clay Barnett III of Beasley Allen Crow Methvin Portis & Miles PC; and by Courtney L. Davenport of The Davenport Law Firm LLC.

The Polaris engine defect class action lawsuit is James Bruner, et al. v. Polaris Industries Inc., et al., Case No. 0:18-cv-00939, in the U.S. District Court for the District of Minnesota.

UPDATE: On Feb. 26, 2020, those whose off-road vehicles didn’t catch fire cannot be a part of the Polaris engine defect class action lawsuit, according to a ruling by a federal court judge.