The U.S. Consumer Product Safety Commission (CPSC) recently reported that Polaris Industries confirmed it would pay a $27.25 million civil penalty for failing to immediately notify CPSC that two of its ROV models created an unreasonable danger of death or serious injury due to product defects. The defective vehicles included the RZR 900 (model years 2013-2016) and the Ranger 1000 (model years 2014-2016). Other defective models included the Ranger P 900 (2014-2015), the Ranger XP 900 EPS (2014-2015), and the CREW 9000.
The CPSC claimed that Polaris knew the ROVs could ignite while they were being driven. Vehicles in flames can easily cause death or catastrophic burns. The CPSC report states that federal law requires that vehicle manufacturers notify the CPSC if they aware of a dangerous defect. The CPSC furthered reported that Polaris’s knowledge was not based on just one incident; rather, it was aware of 150 fires, including one that tragically killed a 15-year old. Eleven burn injuries also were reported in addition to one accident which caused a fire that destroyed acres of land.
Polaris, according to the CPSC analysis, did make two unsuccessful changes to the Polaris Rangers so that the heat shields would function. In September, the company recalled a 2014 ROV model line (about 45,000 vehicles). Another recall was announced in April 2017, by CPSC and Polaris, of another 51,000 vehicles.
Polaris agreed to an upgraded Consumer Product Safety Act compliance program and to controls so that reporting of future defects would be timely. The settlement is not an admission that the CPSC charges were valid.
What does the Consumer Product Safety Commission do?
The U.S. Consumer Product Safety Commission is a federal agency that works to safeguard the public from the risk of death or injury due to the use of a broad spectrum of consumer products – including cars and other vehicles. According to CPSC data; consumer product defects and poor quality have caused more than $1 trillion in property damage and economic loss. The CPSC works to protect consumers including recalling products that cause electrical, chemical, mechanical, or fire risks.
The work of the agency has helped reduce deaths and injuries from bad consumer products. The CPSC is aided by federal law that requires manufacturers and sellers of products cease the sale of the products if there is a voluntary recall by either the manufacturer or a recall directed by the CPSC.
Recalls and civil penalties are one way to take defective products off the road. Another way is to bring a product liability lawsuit against the makers and sellers of the defective product. Tennessee holds manufactures and others in the supply chain liable if they sell a defective product that causes injuries or deaths. Damages include pain and suffering, lost income, medical bills, disfigurement and scarring damages, and property damage.
The Sevierville defective car lawyers at Delius & McKenzie, PLLC are ready to help car accident victims and families get justice when manufactures fail to put safety before profits. To speak with a strong advocate, please phone us at (865) 428-8780 or fill out our contact form to schedule a free consultation. We have offices in Sevierville, Seymour, Gatlinburg, and Pigeon Forge.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.