On January 30, 2020, Polaris recalled its 2019 Pro XD Utility Vehicles (UTVs). The reason for the recall is attributed to the brake system. The rear brake line is faulty and not strong; it can be punctured or split during use, leading to brake failure and accidents. About 760 of the units were recalled in total.
The Pro XD Utility Vehicles came in three separate models. The 4000D model number is D19BEPD4B4; the 2000D model number is D19BBPD4B4; and the 2000D 4X2 model number is D19BAPD4B4. The vehicles come in two-seat and four-seat configurations. They are colored grey, black, and orange and have the company’s name “Polaris” embossed on the front grill. The words “Polaris Commercial” are on the sides of the rear utility bed and “Pro XD” can be found on the front fender. The unique vehicle identification number (VIN) can be found on the frame of the vehicle, inside the front driver’s side wheel well.
The vehicles were manufactured in Minnesota and sold at numerous Polaris dealerships across the country. They were distributed from November 2017 through November 2019. They cost between $14,600 and $17,750, depending on the model type and configuration.
There have been 8 separate reports that the brakes have failed on the Pro XD UTVs. Despite these reports, there have been no incidents or collisions reported, and no injuries occurred. The company is requesting that all users refrain from riding the vehicles. Polaris is contacting known customers and asking them to schedule a free inspection and subsequent repair, if necessary. The repair is also free. If you do not receive a call, you can contact the company for more details.
Injuries from UTV Accidents
UTV accidents can be very problematic. The minimum age to drive a UTV is 16 years old, and some individuals do not have adequate experience to safely operate them. They may thus get into crashes and drive recklessly. However, regardless of the level of experience, the UTVs should be assembled correctly and have no problems with their brake lines.
If the brake lines do not work on a UTV, the driver will be unable to stop if there is a hazard in the road, if there is a sudden ditch, or if there is another vehicle in the path. He will not be able to brake before hitting anyone on foot or if there is an emergency inside the vehicle. The brake lines need to work to ensure proper usage and control of the vehicle, and accidents resulting from faulty brakes can result in the following injuries:
- Traumatic brain injuries
- Closed head injuries
- Broken bones
- Severed limbs and digits
- Spinal cord injuries
- Disc injuries
- Neck damage
- Crushing injuries
- Puncture wounds
- Internal bleeding
- Internal organ damage
- Aggravation of pre-existing injuries
- Nerve damage
- Torn muscles
- Hip and knee injuries
In the event you suffer injuries from a UTV accident, you may need immediate or emergency medical treatment. One of the main problems with UTV accidents is that the vehicles are not as safe as normal cars. They are generally open and the roll bar may not fully help in the event of a crash. There are seatbelts, but there is no cushion to help absorb impact. Therefore, accidents are even more likely to cause injuries.
How to File a Product Liability Lawsuit against Polaris
A product liability lawsuit is a form of a personal injury claim, which means that you will need to prove the negligence of the company. The company can be held accountable if you can show that there were one of three issues with the item. They are:
There was a design error with the UTV
There was a manufacturing error with the UTV
There were no warnings or hazard signs on the UTV or its packaging or receipt
Polaris’s UTVs were likely properly designed, as the company has distributed these UTVs in the past. The company has an idea of what kind of brake lines to manufacture and specifications they must adhere to. The likelihood is that the brake materials were not the proper ones that needed to be used. The manufacturing company or location may have used the wrong kind of brakes, or may have assembled them wrong.
You will need evidence to prove that there were issues, though. We recommend following these steps:
First, go to the doctor for evaluation and medical treatment. You will not be able to sue if you were not physically harmed. It is necessary for you to procure your medical bills and proof of payment to the hospital. If you wait too long to go to the doctor, your claim will suffer, as the insurance agent will doubt the validity of the claim. Hold on to medical receipts and other documents from the hospital, like test results.
You will need photos of your injuries to show the extent of your damages, pictures of the scene of the accident, photos of the defective vehicle, and more. If there are videos available showing the accident, they can also be added to your claim.
You may need to get proof of the defect by taking the vehicle to a mechanic, but you should not get any work done. You also should not tamper with the UTV or return it. If you mess with the brakes, the company can claim that you were responsible for the defect. Further, you will need the vehicle as proof for your product liability lawsuit. If you don’t have the vehicle, it will be close to impossible to win your claim.
If any eyewitnesses saw the accident, you can request their statements. Further, if a passenger in the vehicle can attest to the brakes not working, you can add his testimony to the claim. Additionally, if numerous people were affected by broken Polaris UTVs, you could join a class action lawsuit. All the plaintiffs can come together and submit their evidence, which is more likely to result in a victory against the company. However, each individual settlement will be smaller as the total amount will be distributed among the plaintiffs.
You must show that you legally bought the UTV, so you can produce your receipt, bank statement, credit card statement, proof of purchase document, or other items.
Finally, it will be in your benefit to hire a product liability lawyer for your case. If you have no experience handling such claims, you will not have a successful result. Our lawyers can negotiate a fair settlement for you while you recover from your injuries and return to a daily routine.
Deadline to Sue Polaris for a Defective Pro XD UTV
In California, there is a 2-year deadline to file a product liability lawsuit. The statute of limitations is in effect to ensure that both parties have adequate time and are not being given preferential treatment. This allows both to gather appropriate evidence and set up their cases. If you do not sue in the 2-year window, you won’t be eligible for compensation in the future. It is recommended to take legal action quickly before your evidence gets lost or forgotten.
There is the chance that your lawsuit’s statute of limitations can be extended past the t2-year deadline. This is common in situations where the victim is incapacitated and cannot sue due to not being in his right physical or mental state, or when the victim is under the age of 18 years old. The victim can sue when he returns to fitness or when he is legal age.
Earnings from a Product Liability Lawsuit
The compensation from a product liability lawsuit is determined by the insurance agent handling the claim. He will look at the degree of your injuries, your role in the incident, and more, and he will make you an offer based on that. We will then negotiate a fair deal to win you damages such as:
- Medical expenses
- Property damage
- Pain and suffering
- Lost wages and income
Our goal is to ensure that you do not pay these debts if you were not responsible for the incident. Polaris sold a vehicle with defective brakes, and it should be held accountable.
The Downtown LA Law Group is regarded as one of the most successful law firms in the city. We have a history of winning claims and not giving up on lawsuits. We have recovered hundreds of millions of dollars for our clients throughout the years.
To set up a free legal consultation, contact our firm. All consultations are private and confidential and none of your case details or personal information will be shared elsewhere. We will walk you through the legal process and help you understand how to move forward. If you hire us to represent you, we will give you our zero fee guarantee, which says that we get paid only if and when we win, and if we lose, we take no payments whatsoever. You will be off the hook for any out of pocket expenses, as Polaris will cover our legal fees if we win.
Let the Downtown LA Law Group help you sue Polaris for injuries from a defective Pro XD UTV accident.