WASHINGTON COUNTY, Ga. — A Georgia couple whose child’s arm was amputated after a utility task vehicle accident has filed a federal lawsuit against manufacturer Polaris.
Michael and Kristen Pain, of Forsyth, filed the suit in Macon last week.
The family says the child, only identified as “A.P.,” sustained catastrophic injuries on April 4, 2022, when the Polaris UTV he was driving flipped over in Washington County near Macon.
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According to the lawsuit, the crash caused “A.P.’s left arm to be severely injured and amputated above the left elbow.”
Unlike all terrain vehicles (ATVs), UTV’s often have doors and a roll cage.
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The complaint argues that the vehicle did not have a net to retain the child’s upper extremities inside the cab of the vehicle.
The couple claims the child had serious physical, mental and emotional injuries and will continue to incur medical expenses.
“Defendant Polaris specifically marketed the Polaris ATV as both durable and safe for its intended uses,” the lawsuit said. “The Polaris ATV was designed to have a long usable life and was intended to be used by people like A.P. to do precisely the types of things he was doing at the time of the Incident.”
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The lawsuit goes on to say that the “plaintiffs are entitled to an award of special and general damages in an amount to be determined at trial by a jury of their peers.”
It’s unclear if Polaris has responded to the lawsuit.
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