A Montana resident has filed a proposed class action lawsuit in the wake of a 2023 recall of the purportedly “kid-friendly” Polaris RZR 200 off-road vehicle.
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According to the 25-page case, the plaintiff received from Polaris around September 7 an “Important Stop Ride Notice Z-23-06” that instructed certain 2021-2024 RZR 200 owners to cease operating their vehicles due to potential steering rack failure. Per the case, more than 23,000 Polaris RZR owners received the stop-ride notice, which stated that steering rack failure may cause a loss of steering control, posing a risk of crash and serious injury.
The lawsuit says that, to date, there is still no fix for the RZR 200 steering rack defect, and that the plaintiff was told by a Polaris dealership that it may take six to 12 months to fix the issue.
According to the complaint, the RZR 200, is marketed as allowing children to “confidently tackle adventures” with the aid of age-appropriate ergonomics and a “kid-friendly” four-stroke engine. Moreover, the vehicle comes with kid-specific safety features, including location tracking for adults, an automatic “geofence” whereby an adult can cut the vehicle’s speed, “helmet aware” technology that prevents the vehicle from starting if an occupant is not wearing a helmet, and more, the suit says.
The case notes that because the RZR 200 is designed and marketed for children 10 and up, it has a useful lifespan of only a few years.
The filing contends that Polaris should have known, or was reckless in not knowing, at the time of sale that the vehicles subject to its September 2023 recall were unable to perform as warranted, yet “failed to rectify the situation and/or disclose the defective design.” The case further argues that Polaris has breached its contracts with buyers by selling or leasing vehicles that are “substantially less valuable” than those that were promised.
The lawsuit looks to cover all current and former owners of any Polaris RZR 200 vehicle bought in the United States that was subject to the company’s recall notice.
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