Late last year, Polaris issued yet another recall of its popular RZR off-road vehicles due to an issue with the battery that can cause a fire hazard.
Since 2010, Polaris and other off-road vehicle manufacturers have issued hundreds of recalls for issues ranging from defective welds and parking brakes to faulty throttles and electrical systems that can increase the risks of fires, crashes, and injuries. The latest Polaris RZR recall came a few months after the Consumer Product Safety Commission (CPSC) issued a new report on off-highway vehicles (OHVs) showing that death and injury crashes involving these vehicles remain high.
Even when used properly, OHVs can be dangerous. While this does not let manufacturers off the hook for product defects, it can make litigating ATV and side-by-side injury cases trickier.
2024 CPSC Report on Off-Road Vehicle Crashes
From 2018 – 2020, CPSC reports, there were 2,448 OHV-related deaths nationwide. More than half of these (1,643) were associated with all-terrain vehicles (ATVs). Recreational off-highway vehicles (ROVs)—a category that includes side-by-sides such as the Polaris RZR—were associated with 635 deaths, and utility terrain vehicles (UTVs) were linked to 56 fatalities. Each year from 2018 to 2022, there were on average more than 100,000 emergency-department treated injuries associated with OHVs.
Ohio ranked eleventh in ATV and side-by-side fatalities over the study period, recording 82 deaths in three years.
A Darke County man died in an ATV crash in May 2024. Two people were killed in an Ohio ATV crash last August. In September, there was a fatal ATV crash in Muskingum County. And just before Christmas, a Zanesville woman was injured in a UTV crash.
CPSC cautions that the dangers of riding off-highway vehicles include overturning, collisions, and occupant ejection. These dangers are heightened by operator behavior such as driving ATVs and side-by-sides on paved roads, speeding, reckless operation, ignoring safety rules, and impaired driving.
Ohio State offensive coordinator Brian Hartline admitted to drinking before crashing an ATV on his property in 2023. The man who died in the Muskingum County ATV crash last year failed to yield at a stop sign and was struck by a car.
Manufacturer Defects Increase ATV and Side-by-Side Risks
Models like the RZR can reach speeds comparable to a passenger car or truck—some models go 60 – 75 mph or more—but they lack many of the safety features of motor vehicles. The RZR has also been recalled for fire hazards, most recently in December 2024. Some Polaris Ranger models have also been recalled in recent years due to safety concerns.
OHV safety issues are not limited to Polaris. They’re an industry-wide problem. From January 2010 to July 2023, there were 175 OHV recalls, and the number of recalls per year increased from two in 2010 to 21 in 2022, according to the Consumer Federation of America (CFA).
The CFA analysis found that 31 brands issued ATV and side-by-side recalls during the period, and the brand that had the most recalls was Polaris, which had nearly four times as many recalls (61) as the second-most recalled OHV brand (Kawasaki – 16).
At least 86 injuries and two deaths were linked to the recalled OHVs. The top cause of recalls was fire hazards (40%), throttle issues (13%), and steering issues (13%). Thirty-seven recalls were linked to at least one injury, and an estimated 2.7 million vehicles subsequently recalled were sold.
ATV and Side-by-Side Injury Lawsuit Factors
CFA describes OHVs as “powerful vehicles that can pose safety risks to drivers and passengers even during seemingly low risk conditions.” But it adds that the safety risk increases when drivers are unwittingly using defective ATVs and side-by-sides.
Obviously, off-road vehicles should not catch fire during routine operation, crash because of steering defects, or have clutch issues that make the vehicle hard to control. Although OHVs pose inherent risks to riders, some—but not all—can be eliminated through manufacturing or design improvements. Risks can also be reduced by riders getting proper training and following safety rules.
ATV and side-by-side injury litigation is complicated by the inherent dangers of these vehicles, which can make it more difficult to determine whether the manufacturer or the operator is liable for injuries sustained in a crash.
- If a design flaw—such as a defective steering component that increases the risk of rollovers, an electrical short that poses a fire hazard, or a lack of seatbelt—makes the vehicle unreasonably dangerous, the manufacturer could be held liable.
- Errors in the manufacturing process can also be grounds for an injury lawsuit (e.g., a faulty weld on the frame could cause the vehicle to break during normal use, causing serious injuries).
- Manufacturers have a duty to warn consumers about the potential dangers of their products. If a manufacturer fails to provide adequate warnings about the risks of rollovers or other accidents, or does not give clear instructions on safe operation, age restrictions, and the importance of wearing safety gear like helmets, they could be held liable for injuries that occur.
- How the manufacturer marketed the vehicle can be relevant in lawsuits, particularly if it targeted young riders or minimized safety risks.
A reasonable level of risk is part of the recreation experience and part of what makes riding an off-road vehicle fun. However, this can make it harder to argue that the vehicle’s design is unreasonably dangerous, since the risks are seemingly apparent.
Despite these challenges, inherent danger is not a shield. Manufacturers can’t simply claim that all risks are inherent to ATV riding and avoid responsibility for defects.
- While some risk is expected, the design should not make the ATV unreasonably dangerous.
- If other manufacturers have successfully incorporated safety features that reduce the risk of rollovers or other injuries, it may be harder for a manufacturer to argue that their design is safe.
- Manufacturers have a duty to continually assess and improve the safety of their designs as technology and understanding of risks evolve.
- Consumer expectations matter. Recalls often occur when a design fails to meet the safety expectations of ordinary consumers, even though those expectations account for some inherent risk.
Other parties should also be examined for liability, such as landowners, event organizers, passenger vehicle drivers, and even other riders could also be found negligent, in part or in whole, if their actions contributed to an ATV or side-by-side accident.
ATV or Side-by-Side Accident? Talk to an Injury Lawyer for Free
All-terrain vehicle crashes can present complex, multi-layered legal issues that call into question the actions of operators, manufacturers, and potentially others and make it necessary to talk to an ATV and side-by-side accident attorney.
Graham Law handles OHV cases—and all personal injury cases—on a contingency-fee basis. Schedule your free case review.
