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CASE EVALUATION
UTV/ATV Amputations, Fires, and Catastrophic Injuries
Over the last 15 to 20 years, sales of UTVs (Utility Task Vehicles) and Side by Sides have surged. In the race for market dominance, safety and common sense have taken a backseat. Major manufacturers, such as Polaris and Can-Am, have sidestepped stricter regulations by implementing their own minimal standards through a controlled organization called ROHVA.
Arm/Hand Injuries and Amputations
Hundreds of UTV users have suffered arm injuries or amputations due to rollover accidents, often occurring at low speeds. In many instances, the vehicles rolled onto their sides. Although some manufacturers have patented or sell safety nets, these are rarely provided as standard features. Consequently, emergency rooms are overwhelmed with UTV users facing potential limb loss.
At Kristensen Law Group, we have taken on eight cases against Polaris and Can-Am related to arm injuries from rollovers. For more information about these cases, click here.
Fires
Polaris vehicles have a troubling history of fire incidents, including while in operation. To date, the company has issued 20 recalls due to fire-related issues. On April 2, 2018, Polaris settled for $27.25 million after failing to disclose fire-related injuries to the government. Kristensen Law Group is actively litigating fire cases against Polaris, including a current case involving Colangelo in New York State.
For more details on Polaris Fire Recalls and to check if your vehicle might be affected, click here.
Roll Cage Defects
Many UTVs, including most Polaris RZR and Ranger models, adhere to outdated safety standards from the early 1970s, which are based on farm tractor regulations for roll cage strength. Instead of implementing a more robust roof crush test used for automobiles (FMVSS 216), the industry has settled for the OSHA standard via ROHVA. A Kia Neon is tested at three times its gross vehicle weight, which the industry deemed excessive. Alarmingly, some companies that claim to follow the OSHA standard do not adhere to it. For further information, read the Order from United States District Judge John Mendez, which denied Honda’s request to use gross vehicle weight rather than the higher horsepower ratio for roll cage strength testing.
Contact Our UTV/ATV Accident Lawyers Today
John Kristensen serves as lead counsel in a certified class action against Polaris, set for trial in 2025 in Los Angeles, California. Plaintiffs argue that Polaris did not apply the appropriate OSHA standard, which requires testing roll cages based on the greater of the horsepower ratio (HP Ratio) or the gross vehicle weight. The HP Ratio is consistently higher, yet Polaris and Honda have not utilized it. Under 28 U.S. Code § 1928.51(a), manufacturers must compare the vehicle’s gross weight with 110 pounds multiplied by 95 percent of the net engine flywheel horsepower, using the greater value for ROPS tests. Instead, they opted for the lower gross vehicle weight, which explains the prevalence of after-market ROPS purchases.
The Kristensen Law Group takes on a limited number of UTV or Side by Side cases, often turning down many due to the stringent criteria. We encourage individuals who believe they have a case to contact us promptly at contact@massachusettsinjury.law or (617) 913-0363.