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Polaris UTVs Do Not Comply with OSHA Standards Nevada Class Action

This class action concerns Utility Terrain Vehicles (UTVs) from Polaris Industries, Inc. or Polaris Sales, Inc. The complaint alleges that the UTVs are advertised as having a rollover protection system (ROPS) that complies with the Occupational Safety and Health Administration (OSHA) requirements. The complaint for this class action alleges that the vehicles’ ROPS do not, because, it says, Polaris cheats on the tests.

The classes for this action are intended to be state classes. The complaint defines a Nevada class as all persons in Nevada who bought a class vehicle in the four years before the original filing of this case in California, or since May 25, 2017. For the specific models of the UTVs involved, see pages 1-4 of the complaint, which is linked below.

The complaint shows an image of a sticker of the type that the company puts on its vehicles, stating, “This ROPS structure meets OSHA requirements of 29 CFR § 1928.53” plus the company’s name and address.

UTVs are motor vehicles with low-pressure tires intended for off-road use. They are different from ATVs in that ATVs have three to four wheels, seats intended to be straddled, and handlebars for steering, while UTVs have seating like an automobile, a restraint system and a steering wheel. UTVs like the Polaris Rangers and Razors can travel at speeds up to 60 miles per hour.

But the complaint alleges that none of the vehicles meet this standard. It also claims, “Polaris hjas also staved off federal regulations by the US Consumer Product Safety Commission (‘CPSC’) in part by causing the adoption of newly created industry standards as part of the self-regulation revolution.” However, the complaint claims, “[e]ven after adopting farm tractor standards as issued for worker safety on farms in the early 1970s, Polaris cheats and does not even meet those standards.”

The safety standards for UTVs are administered by the CPSC. The complaint alleges that CPSC’s databases show that a majority of UTV fatalities involve rollovers.

It alleges that, in order to keep CPSC from creating new regulations for UTVs, Recreational Off-Highway Vehicle Association (ROHVA) set up its own standards. The complaint claims that ROHVA is controlled by Polaris.

The complaint alleges that earlier tractor standards show two ways to test vehicles for ROPS—by gross weight or by a calculation involving the vehicles’ horsepower. The complaint claims that Polaris would only use the gross weight for testing.

However, this makes a big difference, the complaint says, because the UTVs both are lighter and have much stronger engines. According to the complaint, the horsepower calculations would have resulted in a much higher weight for the vehicles—for example, 17,490 pounds, rather than the gross weight it used of 2,750 pounds.

The complaint also claims that Polaris improperly distributed weight for a side-load test, “to ensure that every Class Vehicle ‘passes’ the test.”

The complaint therefore alleges that Polaris thus cheats on the tests and falsely advertises that it passes the tests and meets OSHA safety standards.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Polaris UTVs Do Not Comply with OSHA Standards Nevada Complaint

March 15, 2022

This class action concerns Utility Terrain Vehicles (UTVs) from Polaris Industries, Inc. or Polaris Sales, Inc. The complaint alleges that the UTVs are advertised as having a rollover protection system (ROPS) that complies with the Occupational Safety and Health Administration (OSHA) requirements. The complaint for this class action alleges that the vehicles’ ROPS do not, because, it says, Polaris cheats on the tests.

Polaris UTVs Do Not Comply with OSHA Standards Nevada Complaint

Case Event History

Polaris UTVs Do Not Comply with OSHA Standards Nevada Complaint

March 15, 2022

This class action concerns Utility Terrain Vehicles (UTVs) from Polaris Industries, Inc. or Polaris Sales, Inc. The complaint alleges that the UTVs are advertised as having a rollover protection system (ROPS) that complies with the Occupational Safety and Health Administration (OSHA) requirements. The complaint for this class action alleges that the vehicles’ ROPS do not, because, it says, Polaris cheats on the tests.

Polaris UTVs Do Not Comply with OSHA Standards Nevada Complaint
Tags: Compliance, Deceptive Advertising, Deceptive Labels, False or Incomplete Testing, Testing