On January 30, 2020, Polaris issued a recall for the 2019 model year Polaris PRO XD Utility Vehicles (UTVs). According to the recall, recall number 20-714, the rear brake line in the UTVs can become punctured causing the rear brakes to fail and posing a collision and crash risk to the rider. The recall has affected approximately 760 units of the Polaris PRO XD UTVs.
The UTVs involved in the recall come in both two- and four- seat configurations. The UTVs are gray, black, and orange. They have “POLARIS” stamped on their front grille, “POLARIS COMMERCIAL” stamped on the sides of the utility beds, and “PRO XD” stamped on the front fenders.
The following models and model numbers are affected by the recall:
- Model 400D, Model Number D19BEPD4B4
- Model 200D, Model Number D19BBPD4B4
- Model 200D 4X2, Model Number D19BAPD484
The affected UTVs were sold from November 2017 to November 2019 at Polaris dealers nationwide for prices ranging between $14,600 and $17,750.
According to Polaris, there have been at least 8 reports of brake failure associated with the PRO XD UTVs. However, no collisions, crashes, injuries, or deaths have been reported.
Polaris is urging consumers affected by the recall to immediately stop using the UTVs and contact a dealer to schedule a free inspection and a repair; Polaris is notifying all dealers and directly contacting registered owners affected by the recall.
Although there have been no reported incidents and it appears that no one has reported being harmed because of the defective products, it is possible that incidents have gone unreported. Should you follow the recommendations set out by Polaris? Should you contact a Polaris dealer for a free inspection and repair?
If you or a member of your family suffered harm because of a defective Polaris PRO XD UTV, you should never follow the company’s recommendation. Without a doubt, you should stop using the defective product as soon as possible – as to avoid further injury. However, rather than scheduling a free inspection or repair, you should seek legal assistance to explore the possibility of filing a claim against Polaris.
If you or a member of your family suffered any type of harm associated with a defective product, you might have grounds to pursue a product liability claim. After all, the harm that you suffered was likely directly caused by the defective product. If you would like to learn more about your right to take legal action, do not hesitate to contact the experts at our law firm immediately.
At Normandie Law Firm, our lawyers have many years of experience handling all sorts of claims, including the claims arising from the harm caused by defective products. Our defective product attorneys are knowledgeable on the product liability law and are ready to represent you and guide you towards a successful claim outcome. If you are ready to explore the possibility of filing a product liability claim against Polaris for the harm that you or a member of your family suffered because of their defective PRO XD UTVs, do not hesitate to contact our experts as soon as possible.
Understanding the Hazard
When operating any vehicle, there is a significant risk of harm. Vehicular accidents are very likely. With defective brakes, the risk of being involved in an incident increases substantially. Expecting a crash or a collision, a driver would be able to use the brakes to try to come to a stop or at least lessen the speed at the time of impact. Without functioning brakes, crashes and collisions are likely to occur at high rates of speed.
Depending on the details surrounding the incident, including the speed at the time of crash and the type of crash, for example, the occupants of the UTVs could suffer a number of injuries, some of which could include the following:
- Traumatic brain injuries
- Concussions
- Facial injuries
- Ocular injuries
- Neck injuries
- Shoulder injuries
- Back injuries
- Spinal cord injuries
- Hip injuries
- Pelvic injuries
- Knee injuries
- Broken legs and arms
- Wrist and ankle injuries
- Foot and hand injuries
- Muscle, nerve, and ligament injuries
- Lacerations
- Scrapes
- Bruises
Depending on the severity of the accident and the combination of harm suffered, these injuries can cause significant and sometimes permanent damage; these injuries can also potentially be fatal. Regardless of the specific harm that you or a member of your family suffered, you should seek legal assistance to explore the possibility of pursuing a claim for the harm suffered. For more information, do not hesitate to contact the experts at our firm today.
Product Liability and Your Right to Sue
If you or a member of your family suffered any harm because of a defective product, such as the defective Polaris UTVs that were recently recalled, you might have grounds to pursue a claim. What determines your right to sue? Your right to sue is based on product liability. Based on product liability, all companies owe their consumers a duty of care. Specifically, companies owe their consumers a duty to ensure that their products are completely safe for consumers to use.
To establish liability, four elements must be present – a duty of care, a breach of duty, cause, and harm. As explained above, all companies owe their consumers a duty of care. Often, these companies breach their duty of care by failing to identify and address the hazards present in their products (and releasing defective products to their consumers). These defective products then cause incidents which can directly lead to consumer harm. If a defective product (with a defect in labeling, design, or manufacturing) directly contributes to the harm that a consumer suffers, the company could be liable.
What does this mean? Based on product liability, companies can be liable for the harm that their consumers suffer in association with defective products. Therefore, the consumers that suffered harm because of the defective products have the option to take legal action.
Could you really have grounds to take legal action against Polaris or any other company that negligently contributed to the harm that you suffered? Yes; you could take legal action. Specifically, you could file a product liability claim.
If you would like to learn more about product liability and your right to file a product liability claim for the harm that you or your family suffered because of a defective product, do not hesitate to seek legal assistance with our experts as soon as possible. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to pursue your claim.
You Could Recover Compensation
As explained above, you might have grounds to sue if you were harmed by a defective product. Depending on the details surrounding your claim, you might also have grounds to recover monetary compensation for the harm that you and your family suffered in association with the defective product.
How much compensation could you be eligible to recover? What type of compensation could you be eligible to receive? The answers to these questions will always depend on the specific details surrounding your claim.
Based on the details of your product liability claim, you could be eligible to recover compensation for some of the following:
- Medical costs
- Lost earnings
- Pain and suffering
- Property damage
- Funeral and burial costs
- Loss of consortium
- Punitive damages
To learn more about the type and amount of compensation that you could be eligible to receive if your claim reaches a successful outcome, do not hesitate to seek legal assistance immediately. At our firm, we understand that monetary compensation cannot reverse the harm that you and your family have suffered; however, recovering compensation could help you and your family start working towards moving forward from such a traumatic time in your life.
Our product liability lawyers are ready to aggressively fight for your right to recover the monetary compensation that you deserve. Our experts will do everything within their reach to ensure that you recover the highest amount of compensation available for recovery. For more information about the compensation that you might be eligible to recover, do not hesitate to contact our firm today.
What Should You Do?
If you or a member of your family suffered any type of harm associated with a defective product, there is no doubt that you might have grounds to pursue a claim and even recover monetary compensation. However, there are a number of things that you should do to ensure that you are prepared to pursue your claim.
Consider the following suggestions:
- Seek medical attention immediately
- Take photos of all injuries suffered
- Take photos of the scene of the incident
- Take photos of the defective product
- Stop using the defective product and keep it in a safe place as-is
- Contact the company to report the defective product as well as the harm suffered
- Do not agree to return the defective product
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to a refund
- Gather all documents related to the purchase of the defective product (bank statements, receipts, order confirmations, etc.)
- Gather all medical records (including medical bills)
- Speak to witnesses and gather their contact information (if witnesses were present at the time of the incident)
- Seek legal assistance immediately
If you would like to learn more about the specific action that you should take after being harmed by a defective product, do not hesitate to seek legal assistance with the experts at our law firm immediately. Our product liability lawyers are ready to guide you every step of the way, until you reach the successful outcome that you deserve.
File Your Claim Promptly
If you are interested in pursuing a claim, it is essential that you have a thorough understanding of the specific deadline that applies. Why is your claim subject to a deadline? Claims are subject to deadlines to ensure that claims are filed promptly – and to prevent unfairness to defendants.
All claims are subject to deadlines; the deadlines are established by a statute of limitations. If claimants fail to file their claims within the time allowed by the statute of limitations, they will lose their right to sue (and their right to receive any compensation).
What deadline applies to your product liability claim? In California, product liability claims are typically subject to a two-year statute of limitations. This means that the parties interested in pursuing a claim only have two years to file their claims. As mentioned above, failing to file claims within the time allowed by the applicable statute of limitations could result in losing the right to sue.
It is also possible for certain exceptions to apply to the statute of limitations. Applicable exceptions are based on the details surrounding the claim and can toll the deadline. For example, if an incident leaves the victim mentally incompetent (in a coma, for instance), the statute of limitations could be tolled until the victim regains mental competency.
To learn more about the statute of limitations and any possible exceptions that could apply to your claim, do not hesitate to contact our firm at your earliest convenience. Our lawyers are ready to provide you with all the information that you need to have a thorough understanding of the time that you have to sue.
Contact Normandie Law Firm Today
At Normandie Law Firm, we are dedicated to providing all consumers affected by defective products with the representation that they need to hold companies accountable for their harm. Our lawyers are not afraid to hold these companies liable for their negligent actions and their role in the harm that innocent consumers suffer. If you would like to discuss your claim with the experts at our law firm, do not hesitate to contact our firm immediately,
Our experts are ready to evaluate your claim and provide you with the guidance necessary to pursue your claim. To keep our expertise accessible to all, our firm offers free legal services – including free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions, address all your concerns, and provide you with absolutely all the information that you need to either start or continue your claim.
Our firm offers a Zero-Fee guarantee that ensures that our clients do not have to worry about paying any upfront legal fees for our legal services. Our law firm is also based on contingency; therefore, our clients willk not be required to pay anything until after reaching a successful claim outcome. If you are ready to benefit from speaking with our product liability experts, do not hesitate to contact our firm today.
Whether you were harmed by the Polaris PRO XD UTV or any other defective product, do not hesitate to contact our law firm as soon as possible.
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