ATV Company to Pay Nearly $1M Settlement

ELIZABETH WOLFE

Associated Press

WASHINGTON - Polaris Industries Inc. has agreed to pay nearly $1 million to settle allegations it belatedly reported defects and hazards on some of its all-terrain vehicles, the first such penalty involving ATVs, the government announced Thursday.

The defects were linked to dozens of accidents and at least 25 injuries from December 1998 to February 2001, including burns, torn muscles, scrapes and bruises, the Consumer Product Safety Commission said.

Two separate CPSC investigations found that Polaris, based in Medina, Minn., allegedly made engineering changes to certain ATV models after receiving injury and accident reports, but before informing the government of any problems, as federal law requires.

Polaris said in a statement that it "vigorously disagrees" with the allegations and denied any wrongdoing, but that it agreed to the $950,000 settlement to avoid continuing legal costs.

In an interview, CPSC Chairman Hal Stratton said he hoped the penalty would serve as a deterrent to other companies seeking to avoid reporting substantial product hazards.

According to the commission, between December 1998 and May 2000, Polaris received 88 reports of throttles sticking in the controls of three of its ATV models - the Scrambler, Sport and Xplorer 400 - a defect that can prevent the machines from slowing or stopping.

Seven injuries were reported, including a dislocated hip and a broken shoulder. After three engineering changes, the company reported the problems in May 2000, prompting a recall that August, CPSC said.

The second case involved Xpedition, Trail Boss and Magnum 325 models, which had oil lines that blew off, disconnected or loosened, resulting in spraying of hot, pressurized oil, CPSC said. Between March 1999 and February 2001, the company received nearly 1,450 reports of such accidents, including 42 fires and 18 injuries. As before, Polaris allegedly made engineering changes before reporting problems to the CPSC, and eventually announced a recall.

The CPSC has been criticized for dragging its feet on monitoring the ATV industry. While sales of the vehicles - designed to travel over dirt, rocks and trails - are in the hundreds of thousands and increasing annually, consumer and health advocates doubt their safety for children under 16 and have urged the government to regulate sales to younger riders.

The commission has reported more than 5,000 ATV-related deaths since 1982, with children under 16 accounting for about a third. Stratton said new 2003 data would be released this month.

"We are facing an epidemic in the country and we need the CPSC to show strong and effective leadership, and that has not happened yet," said Rachel Weintraub, assistant general counsel for Consumer Federation of America.

The federation and several other consumer and physician groups filed a petition in 2002 asking the CPSC to make it illegal to sell adult-sized ATVs intended for children. Stratton said he hopes to respond to the petition soon, but could not give a timeframe.

Without revealing how the commission might rule, Stratton said: "We can pass a regulation that said that. Now, whether we can enforce a regulation like that is a whole different kettle of fish."

In the interview Wednesday, he addressed the broader issue of safety measures riders can take to avoid accidents, including wearing a helmet, riding solo on one-seater vehicles and staying off pavement.

 

First thing that is brought to my attention is the 5000 deaths in 23 years. How many of these were because of the machine? How many were from rider error/stupidity, probably all! Although that is a high number, compare it to automobile accidents and tell me what is more dangerous. They say we live in the land of the free, but I truely do not feel like that is the case when everytime something bad happens someone feels they need to regualte or destroy whatever it was that played a role in the incident. Here's and example; Lets say 14 year old Joe was killed on an ATV. It was Joe's choice to want an ATV, it was Joes choice to ride a machine that could reach and exceed highway speeds, and it was his choice to ride the ATV the way he did. Nobody is to blame but Joe himself. How can we allow people to decide what we do because of someone else's error's. We should be allowed to use our own common sense and learn from the other person's mistake.
As for Polaris, if 1 quad had a problem, an honest mistake. 10 quads have a problem and it's a coincidence. Almost 1500, Polaris, you fucckked up and should have taken corrective action. That make's me dislike the company even more. OK, I've ranted enough...

 

to me, the 5000 deaths is a good arguement for the atv industry. let me explain this.
how many active sports ranging in age, skill, and running world wide have lower numbers over a 24 year span. i do understand that 5 grand is high, but not in the hole range of quads sold, worldwide usage, and years of span. more people have died swimming at the local beach, boating, racing cars, so on... heck, i bet that many have died just watching football (soccer) in the world.
1 death is bad, but in the scheme of sports around the world, i feel that the atv industry is fairly safe. of corse it can be safer, with helmets, classes, and parenting laws. just wonder why we get all the attention on injury;s/ deaths.
company's breaking the rools does not help us either. just fuels the fire. people handing a 400 or 500 cc quad to there 12 year old unsupervised hurts.
the lack of legal riding ares does not help either!

 

What? This is a joke right? The CPSC should be criticized for bugging the ATV industry too much. Thanks to the CPSC, we'll never see another production 3 wheeler again.

The CPSC is a useless orgainization funded by our tax dollars. Do we need this angency to tell us not to use our toasters in the bathtub?

 

Sadly, some people do.[img]i/expressions/face-icon-small-sad.gif[/img]