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What This Litigation Is About
The Yamaha Rhino is a very unstable
side by side four wheeler. Since it was introduced in
2003, there have been a substantial number of accidents
caused by the Rhino rolling over and fracturing or
crushing the legs and arms of riders. Children, as
well as adults, have suffered injuries.
The four-wheel, side by side Rhino manufactured by
Yamaha Motor Corporation has become one of the most
popular Utility Terrain Vehicles (UTVs) sold on the
market in the U.S. and Canada. The Rhino seats the
driver and passenger next to each other. Some have
claimed that the Rhino is less dangerous than All
Terrain Vehicles (ATVs) or quads.
Pending claims allege that design defects make the
Rhino fundamentally unstable. Information on the
company’s web site,
www.yamaha-motor.com and in the Yamaha Rhino Owner’s
Manual acknowledges that “abrupt maneuvers or aggressive
driving have caused rollovers – even on flat, open
areas.”
A Yamaha Rhino safety bulletin was issued to Rhino
owners in August 2007 advising that vehicles could be
returned to Yamaha dealers for installation of new
equipment - doors and passenger handholds - at no cost
to owners, to improve vehicle safety. Yamaha recommended
that Rhino owners have the doors and handholds
installed. Yamaha Motor Corporation, U.S.A., Customer
Support Group, followed up with a letter to Rhino Owners
in September 2006 urging safe operation, warning of risk
of tip over or rollover under “certain conditions” and
providing instructions for avoiding / correcting a tip
over and safe operator / passenger conduct in the event
of a tip over / rollover. Warning labels for attachment
on the Rhino passenger enclosure were enclosed with the
letter.
According to the Yamaha Motor Corporation web site,
the 2007 Yamaha Rhino Owner’s Manual was updated to
include the new doors and handholds, and including a
note that these modifications were available at no
charge to vehicle owners. Rhino owners were provided a
supplemental Guide to Genuine Yamaha Doors/Handholds
and Rhino Occupant Protection, as well as a new
on-product label promoting awareness of the new products
and acknowledging dangers of rollover. Dealers
installing doors and passenger handholds were instructed
to attach the new on-product label to the vehicle’s
dashboard.
Doors and passenger handholds are standard on 2008
models of the Yamaha Rhino, according to Yamaha Motor
Corporation’s customer service line. Customer service
recommends that anyone purchasing a used Yamaha Rhino
(prior to the 2008 model) check to see that the doors
and passenger handholds have been installed, and to see
a local Yamaha authorized dealer to install these items
if this has not been done.
Yamaha
Rhino Rollover Problems
In addition to the unreasonably
dangerous design, the Yahaha Rhino was sold without
proper protection and safety features which could have
reduced the risk of injury to occupants. The vehicle was
initially manufactured without any doors, which allowed
passengers' arms and legs to fall out of the vehicle as
it rolled. Many users have died or suffered
catastrophic injuries as a result of their body being
crushed under the weight of the ATV.
The four wheel all-terrain Yamaha
Rhino was designed with a powerful engine, fast
acceleration and a small turning radius. When Yamaha
placed these features in a vehicle with a high center of
gravity and small wheels on a narrow frame, they created
a four wheeler that can easily rollover, even if it is
operated at slow speeds on a flat surface.
There are certain risks associated
with the use of all ATV four wheelers. However, Yamaha
increased these risks by choosing a defective design and
failing to take steps to protect the operator and
passenger in the event of a crash. They also failed to
warn users of the true extent of the risk they faced by
riding in the Yamaha Rhino four wheeler.
Even if the occupants are wearing
their seatbelts and following precautions outlined when
they purchased the Yamaha Rhino, there remains a
substantial likelihood that serious or catastrophic
injury could result if the Rhino crashes.
Common injuries which have been
reported include:
Crushed or Broken Legs
Crushed or Broken Arms
Amputated Limbs
Head Injury
Death
Based upon the information and research conducted by
experts, we allege that the Yamaha Rhino has design
defects that create a propensity for it to roll over
while making certain low-speed turns. We further allege
that the Rhino has inadequate protection for drivers and
passengers, leaving feet and legs vulnerable to injuries
in the event of a rollover accident.
These allegations must be demonstrated in each
individual case.
If you or a family member has been
injured by a Yamaha Rhino, you can contact me for a free
no-obligation consultation. I practice law in the
state of Alabama, but I have affiliations with attorneys
in other parts of the country. If I cannot assist
you personally, I will try to direct your case to a
lawyer or firm that can. I know that you or your loved one are possibly
upset and need to tell me what you want me to know - in
your own way. You talk, I'll listen.
- Randal S. Ford
lawyerford@bellsouth.net
attorney@randalsford.com
copyright 2008 all rights
reserved
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