Table of contents
- Latest Polaris General XP 1000 Lawsuit Updates
- August 16, 2021: Eighth Circuit Affirms Dismissal
- July 22, 2021: Polaris Recalls 2021 General Vehicles
- July 6, 2020: Minnesota Case Closes on the Docket
- July 2, 2020: CPSC Announces Throttle Recall
- June 30, 2020: Court Denies Immediate Appeal
- February 26, 2020: Court Dismisses Seven Plaintiffs
- April 5, 2018: Owners File Putative Class Action
- March 2, 2017: CPSC Recalls RZR and GENERAL 1000 Vehicles
- What Is the Polaris General XP 1000?
- Who May Be Affected?
- Reported Injuries or Damages
- Recall and Regulatory Background
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- Is There a Polaris General XP 1000 Lawsuit?
- How Did the Minnesota Court Organize the Polaris Cases?
- What Claims Do the Polaris Purchasers Make?
- Does the Eighth Circuit Ruling Decide Whether Polaris Vehicles Are Defective?
- Where Is the Vehicle Identification Number on a Polaris General?
- Who Do I Contact If My Polaris General Is Under Recall?
Polaris General vehicles are named in a putative class action over an alleged ProStar engine heat defect that could cause fires. The 2018 complaint covers Polaris RZR, Ranger and General vehicles from model years 2011 to 2018.
The case was filed in federal court in Minnesota and closed on July 6, 2020. The Eighth Circuit affirmed the dismissal of seven no-fire plaintiffs on August 16, 2021. No MDL has been formed.
Polaris also recalled General models in 2017, 2020 and 2021, including the Polaris General XP 1000 in 2020 and 2021.
Latest Polaris General XP 1000 Lawsuit Updates
August 16, 2021: Eighth Circuit Affirms Dismissal
The Eighth Circuit, in Forrest v. Polaris Industries, No. 20-2518, affirmed the dismissal of seven no-fire purchasers’ claims for lack of Article III standing [1].
Judge Colloton wrote the opinion in the case from the District of Minnesota, where the plaintiffs first sued Polaris Industries and Polaris Sales in 2018.
July 22, 2021: Polaris Recalls 2021 General Vehicles
Polaris announced a voluntary recall of about 1,600 Model Year 2021 GENERAL 1000 and GENERAL XP 1000 vehicles worldwide, in cooperation with the Consumer Product Safety Commission [2].
Polaris had issued a Stop Sale, Stop Ride on May 20, 2021. A brake pedal weld may separate and cause loss of brake function. Owners should stop using the vehicles and contact a Polaris dealer.
July 6, 2020: Minnesota Case Closes on the Docket
The Minnesota federal case, No. 0:18-cv-00939, closed on July 6, 2020. The remaining plaintiffs had voluntarily dismissed their claims without prejudice so the no-fire plaintiffs could appeal.
July 2, 2020: CPSC Announces Throttle Recall
CPSC announced a Polaris recall of about 26,730 Ranger and General vehicles, including the Deluxe versions of the 2020 General XP 1000 and XP 4 1000.
A software problem can keep the throttle from returning to idle, and the vehicle can accelerate suddenly. CPSC lists a crash hazard and a free inspection and repair. No incidents were reported.
June 30, 2020: Court Denies Immediate Appeal
The District of Minnesota denied the plaintiffs’ motion for entry of judgment under Rule 54(b). It also denied their request to certify an interlocutory appeal on the dismissed plaintiffs’ claims [3].
The order refers back to the court’s February 26, 2020 ruling. Judge Wilhelmina Wright presides over the case, and Magistrate Judge David T. Schultz is assigned to it.
February 26, 2020: Court Dismisses Seven Plaintiffs
Judge Wilhelmina Wright granted in part Polaris’s motion to dismiss. She dismissed seven plaintiffs’ claims without prejudice for lack of standing.
The court found the seven had failed to allege a particularized and actual injury in fact. The dismissal was without prejudice, so it did not decide the merits of their claims.
April 5, 2018: Owners File Putative Class Action
Three Polaris owners, James Bruner, Michael Zeeck and Ed Beattie, filed a putative class action in federal court in Minneapolis, the Star Tribune reported [4]. It names Polaris Industries.
They allege a ProStar engine overheating and fire defect in 2011-2018 RZR, Ranger and General models. They asked to represent roughly 300,000 owners. These are allegations, and the court has not decided the defect claim.
March 2, 2017: CPSC Recalls RZR and GENERAL 1000 Vehicles
CPSC recall 17-102 covered about 13,500 Model Year 2016 and 2017 RZR and GENERAL 1000 vehicles over burn and fire hazards [5].
The notice says the engine can misfire and the exhaust and nearby components can get too hot. Polaris offered a free repair. The recall came before the class action was filed.
What Is the Polaris General XP 1000?
The General XP 1000 is a utility vehicle (UTV) made by Polaris Industries Inc. of Medina, Minn., according to CPSC [6]. It is sold under the Polaris GENERAL name.
CPSC describes the Model Year 2020 General XP 1000 Deluxe as a two- or four-seat vehicle. Its 2020 recall notice also covers Model Year 2019-2020 Ranger XP 1000 and Ranger Crew XP 1000 vehicles.
Who May Be Affected?
Owners of these General models were covered by separate recalls:
- Model Year 2016 and 2017 GENERAL 1000 vehicles (CPSC, March 2017)
- Model Year 2020 General XP 1000 Deluxe and General XP 4 1000 Deluxe vehicles (CPSC, July 2020)
- Model Year 2021 GENERAL 1000, GENERAL 4 1000, GENERAL XP 1000 and GENERAL XP 4 1000 vehicles (Polaris notice)
Owners whose vehicle caught fire or showed heat damage are in a different position from owners with no fire. A claim depends on the vehicle, the damage, the dates and a legal review.
Reported Injuries or Damages
The complaint says ProStar engine heat causes “degradation and melting” of vehicle components. It also says the heat shortens vehicle life and leaves vehicles “vulnerable to catastrophic fires.” The Eighth Circuit opinion quotes these allegations.
The Star Tribune reports a further allegation. The complaint says the risks “caused more than 250 fires, in excess of 30 severe injuries and at least three deaths.” These are allegations about Polaris vehicles generally. They are not findings.
Fourteen purchasers are plaintiffs in the appeal. Seven allege their vehicles caught fire and were destroyed. The other seven claim economic loss only, saying they would not have bought the vehicles or would have paid significantly less.
CPSC recall 17-102 covers RZR and GENERAL 1000 vehicles. Polaris received 14 reports of fires related to the brake master cylinder, plus one fire report and two melting reports tied to an engine misfire. No injuries were reported.
Recall and Regulatory Background
Three recalls cover General models, and none is a finding of liability. The 2017 recall covered vehicles sold from August 2015 through February 2017 for between $12,800 and $24,000.
The 2020 recall covered vehicles sold from June 2018 through March 2020 for between $15,890 and $29,000, plus 1,330 vehicles in Canada. The 2021 Polaris notice says it has not identified any field reports involving a crash.
Evidence to Preserve
Keep these items if your Polaris vehicle overheated, melted or caught fire:
- Vehicle identification number (VIN), plus your purchase and registration records
- Photos and video of any heat damage, melting or fire, with dates if you have them
- Repair and dealer service records, including any visits for overheating
- Recall notices and your messages with Polaris or the dealer
- Fire department reports and insurance reports about any fire
- Medical records for any injury, including treatment dates
- The vehicle itself, if a fire or heat damaged it
Keep paper and digital copies of each item together in one place, so they are ready if a lawyer asks to review them.
Filing Deadlines
Filing deadlines come from state law. They vary with where you live and when the fire, damage or injury happened and was discovered.
A missed deadline can end a claim even when the facts are strong, so the date of the fire or damage matters.
Check with a lawyer promptly, because only a review of your own dates can show which deadline applies to you.
Frequently Asked Questions
Is There a Polaris General XP 1000 Lawsuit?
The Polaris General XP 1000 lawsuit question comes down to one putative class action over ProStar engines in Polaris General, RZR and Ranger vehicles. The Star Tribune reports the three named owners, from Alabama, Illinois and Nebraska, suffered no injuries or fires.
How Did the Minnesota Court Organize the Polaris Cases?
The Minnesota court organized the Polaris cases on May 31, 2018. Magistrate Judge David T. Schultz consolidated the Bruner case and a related case that day. He appointed interim lead and liaison counsel, and a consolidated complaint followed in June 2018.
What Claims Do the Polaris Purchasers Make?
The Polaris purchasers make claims under the Magnuson-Moss Warranty Act and state law, including breach of warranty, fraudulent omission and consumer fraud. They allege the vehicles have a common design defect that creates a risk of overheating and fire.
Does the Eighth Circuit Ruling Decide Whether Polaris Vehicles Are Defective?
The Eighth Circuit ruling does not decide whether Polaris vehicles are defective. It is a ruling on standing for the no-fire purchasers, and neither court has decided the defect claim, which remains an allegation.
Where Is the Vehicle Identification Number on a Polaris General?
The vehicle identification number on a Polaris General is stamped into the left rear frame below the cargo box, according to CPSC. You can check it on the Off-Road Safety Recalls page on polaris.com.
Who Do I Contact If My Polaris General Is Under Recall?
If your Polaris General is under recall, call Polaris at 800-765-2747, from 7 a.m. to 7 p.m. CT Monday through Friday. CPSC takes calls at 800-638-2772, and the 2021 notice tells owners to contact a Polaris dealer.