|
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.
Trademark
Notices:
Randal S. Ford is not affiliated in any
way with any trademark owner. The use
of any trademarks on this site is for
product identification and information
purposes only. “Yamaha Rhino ™ “is a
trademark of Yamaha Corporation (Yamaha
Hatsudoki Kabushiki Kaisha Corp. of
Japan).
CONTACT ATTORNEY RANDAL FORD by filling
in your information below.
I represent clients in Tuscaloosa and
Birmingham, Alabama, and most clients
come from Alabama, although I have
helped clients throughout the United
States. My personal injury practice
receives cases from the Alabama cities
of Bessemer, Mountain Brook, Homewood,
Fairfield, Gadsden, Jasper, Mobile,
Montgomery, Huntsville, Greensboro,
Fayette, Eutaw, Greeneville, Auburn,
Moulton, Decatur, Athens, Haleyville,
Sumiton, Hamilton, Florence,
Russellville, Aliceville, Carrollton,
Gulf Shores, Orange Beach, Robertsdale,
Gordo, and other parts of Alabama. |