Kristensen Weisberg, LLP recently filed a Class Action Complaint against Consumer Education.Info, Inc. (which does…
In May 2017, our client, Jaclyn Olvera, was driving a 2016 Polaris Ranger Crew XP (an off-road UTV) at a moderate speed when it suddenly rolled over, causing severe injuries to her left arm (resulting in amputation) and acute disfigurement to her left leg. On a road that is mainly straight with a few long, sweeping turns, the Polaris Ranger began to slide on one of the turns, and as Olvera tried to manage and correct the vehicle, it flipped over on its left side. Amidst the rollover, Olvera naturally attempted to stabilize herself by reaching her left hand out of the vehicle towards the ground. When medics arrived at the scene, the other passengers in the Ranger only had a few cuts and scrapes, but Olvera’s arm and leg were bleeding profusely.
Polaris is quite familiar with the risk of such injuries; representatives from its company provided a tutorial video on YouTube and demonstrated that with the lack of windows, cages, and nets, “the natural response is to put your hand out” of the Ranger if it starts to roll. Polaris removed the video after being called for its hypocritical position, illustrating that Polaris’ understands all too well the dangers in its manufacturing. One does not presume to lose a limb or incur such severe injuries, especially at such a moderate speed and while wearing a helmet.
Negligence and Product Liability
On behalf of plaintiff, Jaclyn Olvera, Kristensen Weisberg, LLP and recently filed suit against Polaris, for Negligence, Strict Product Liability, and Failure to Warn/Negligent Recall. The case is pending in Fresno Superior Court (California state court trial division).
Polaris recklessly failed to inform or warn the plaintiff (or anyone, for that matter) that the rollover protection system would be essentially useless in protecting them from a foreseeable rollover sequence in which the roll bar, roll cage, and other various component parts of the rollover protection system came into contact with the ground.
While the Ranger was designed, marketed, and sold with what Polaris calls a “rollover protection system” (or “ROPS”), it failed to keep Olvera safe within the vehicle. Moreover, Polaris knew—and knows—that the Ranger is designed to drive over off-road terrain, and that for it to be reasonably safe, it must be constructed to handle such terrain. Not only was the frame inadequate, the seatbelt, restraint system, and the doors and nets failed to keep Olvera safe from her life-changing injuries.
Kristensen Weisberg, LLP is aware of other amputation injuries from similar accidents. If you, or someone you know was injured in such an accident, please contact us at klg at kristensenlaw.com, or via this website’s contact link or at 310-507-7924.