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Polaris faces products liability claim after off-road crash

When a person in North Dakota suffers a personal injury that results from using a defective or dangerous product, he or she has the right to seek recovery of damages. This was what a man in another state did after he was seriously injured while riding an off-road vehicle that he alleges was defective. The manufacturer of the vehicle, Polaris Industries Inc., along with related entities that include the dealership where it was bought, were listed as defendants in the products liability lawsuit.

The plaintiff claims the vehicle was purchased in 2012 and the manufacturer recalled the vehicle model for potential throttle cable failure in 2014. The complaint shows that the vehicle was taken for repairs to the dealership in Dec. 2016, at which time the throttle cable was allegedly not inspected, nor was it replaced. The same thing allegedly happened in March 2017, when the dealership again did not inspect or replace the faulty part.

Court documents indicate that, while the plaintiff rode the vehicle on May 14, the throttle became stuck and accelerated without allowing him to brake or slow down. The off-road vehicle allegedly went over a pile of lumber before racing down a hill, rolling several times before crashing into a tree. The plaintiff claims to have fractured his left arm and right wrist in the accident, requiring two separate surgical procedures in the days following the incident. Further damage to the nerves in his left arm was also claimed.

The man accuses the defendants of failing in engineering, design, construction and manufacture of the off-road vehicle, as well as proper testing and inspection before introducing it to the market. Furthermore, they are accused of continuing to market a vehicle they knew to be defective. The plaintiff alleges negligence and breach of warranties, and he seeks an unknown amount in pre- and post-judgment interest along with punitive and compensatory damages. Victims of injuries caused by product defects in North Dakota can take similar action by filing a products liability claim in a civil court.

Source: wvrecord.com, "Man sues Polaris Industries for defective vehicle", Kyla Asbury, July 27, 2017

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