Although evidence was presented to establish that the Rhino was defectively designed, the jury concluded that Yamaha Motor Corp. was not responsible for the young boys death. Despite the verdict, the Yamaha Rhino lawyers at Saiontz & Kirk, P.A. continue to believe in the strength of these cases and each of the more than 500 lawsuits currently pending will be judged by a jury on the individual facts and circumstances of the accident.

The trial in Texas involved a claim by the family of Forest “Eddie” Ray, who died in September 2007. The plaintiff’s case was litigated by Troy Rafferty, who is an excellent trial attorney. You can read the account of the trial from Bloomberg News.

The facts of this case were difficult from the start. Although the Yamaha Rhino operated by Forest “Eddie” Ray was only travelling about 14 to 17 miles per hour when it rolled over while turning from a field onto a paved road, Ray was only 13 years old at the time and Yamaha argued that his death was caused by operator error. Rays father also testified at trial that the child was driving without a helmet.

While lawyers representing victims of Yamaha Rhino accidents certainly wish that the jury had reached a different conclusion (and if the same facts were presented to a different jury they may have), the defense verdict will not deter the prosecution of other pending Yamaha Rhino lawsuits.

The Yamaha Rhino rollover attorneys at Saiontz & Kirk, P.A. are also continuing to investigate new cases for individuals who suffered serious or catastrophic injuries in an accident. Yamaha Motor Corp. negligently cut costs during the design of the Rhino, at the expense of consumer safety, and sold a vehicle that is extremely prone to rollover without adequate warnings or safety features to reduce the risk of driver or passenger injuries.

To review a potential case for yourself, a friend or family member, request a free consultation and claim evaluation.

>>PRIOR POST (8/4/2009): Yamaha Rhino Safety Problems:
Coverage on CBS Evening News

Here is the video of the Yamaha Rhino segment that aired on CBS News on Tuesday, August 4, 2009:

Watch CBS Videos Online

The CBS investigative report went through evidence that demonstrates just how unstable and dangerous the Yamaha Rhino ATV is. Video footage showed vehicle after vehicle tipping over, and while many involved people engaged in unsafe behavior, others, such as footage from a dealership where the vehicles were being moved from one place to the other, shows the vehicle tipping during a slow turn on flat and paved ground.

CBS News also reported that even the president of an American subsidiary of Yamaha, Keisuke “Casey” Yoshida, experienced a Rhino rollover accident in a prototype in 2002. Coming off a hill onto flat ground, his vehicle tipped over, injuring the foot of Ike Miyachi, president of Yamaha France, and then-vice president in charge of the vehicle’s development.

Yamaha’s response can be found on their website, www.TruthAboutRhinos.com, which was launched earlier this year in response to the growing safety concerns surrounding the ATV and reports of rider deaths and serious injuries in rollovers. They portray the information aired by CBS as “inaccurate, incomplete and false,” concluding:

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product against baseless claims and distortions, whether they be from plaintiffs’ law firms or biased, inaccurate media reports parroting these lawyers’ claims. The Rhino is a safe and useful off-road vehicle when driven responsibly by licensed operators aged 16 or older and according to the instructions and warnings in our on-product labels, owner’s manuals, and other safety materials.

Comparing the picture of the Rhino Yamaha is attempting to portray in their response statement to the commercials they aired while marketing these vehicles, it seems as though they are talking about two different vehicles. The ATV featured in the commercials is shown taking rocky, dry riverbeds, inclines and hilly terrain with ease, adding new words to the English language, like “terrainability.” However, in response to the reports of Yamaha Rhino rollovers, they explain that the incidents must have been caused by horse play, unsafe driving or adding parts and accessories to the ATV.

Rather than taking responsibility for the safety problems with the Yamaha Rhino, they are attempting to ignore the overwhelming evidence that there is something inherently unsafe about their ATV. This report was not a case of bad publicity orchestrated by plaintiffs lawyers, just ask any of the hundreds of victims who suffered devastating injuries or lost a loved one after a Yamaha Rhino accident.

YAMAHA RHINO ATTORNEYS

The attorneys at Saiontz & Kirk, P.A. are reviewing potential Yamaha Rhino accident lawsuits on behalf of individuals who have been injured throughout the country. While not every rollover or injury suffered while riding in a Yamaha Rhino is caused by the vehicle’s design defect, in many cases reasonable alternative designs or safety features could have prevented catastrophic or fatal injuries.

To review a potential case for yourself, a friend or family member, request a free consultation and claim evaluation.

According to a promotional preview statement posted on the CBS news website:

It’s one of the country’s most popular off-road vehicles, linked to a disturbing number of injuries and EVEN deaths. So why are there no government standards to regulate it? An EXCLUSIVE CBS News Investigation.

The following video was also posted at CBSNews.com, showing an April 2006 Yamaha Rhino accident that occurred at a Yamaha dealership in Liberty, Missouri. The video shows the Yamaha Rhino tip over as it is making a turn at a slow speed on flat pavement.

Watch CBS Videos Online

(Via John Sand, who has run the website www.yamaha-rhino-information.com since he lost his daughter in a 2007 Rhino accident.)

UPDATE: Here is the full CBS News Yamaha Rhino story that aired:

Watch CBS Videos Online

YAMAHA RHINO ATV LAWYERS

The accident lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing Yamaha Rhino ATV lawsuits over severe injuries that were caused by design defects with this ATV. To review a potential claim, request a free consultation and claim evaluation.

According to a News.com.au report from Australia, Yamaha is not conducting a Rhino recall in Australia or requiring the installation of the same new safety features. Yamaha Australia indicates that they are not offering the same repair program because “when the user guidelines are followed, the Rhino is a safe and extremely capable side-by-side vehicle.”

Facing a track record of nearly 50 Yamaha Rhino deaths in the United States and hundreds of other serious injuries suffered by riders in rollover accidents, Yamaha is attempting to spin the problems as an American phenomenon.

However, the rollover issues with the Yamaha Rhino have been tied to the design of the vehicle, which is essentially the same in the United States and Australia. The vehicle was built with small tires on a narrow frame with a powerful engine and a high center of gravity. These “features” cause the vehicle to be extremely unstable, and it has been shown to rollover even when it is operated safely at slow speeds under 15 miles per hour on flat surfaces.

As part of the Rhino recall in the United States, owners were told that the safety issues posed such a risk that they should not operate the ATV until after the repairs and modifications had been made. The U.S. CPSC indicated that Yamaha would add a spacer onto the rear wheels and remove the rear anti-sway bar to reduce the risk of a rollover.

Although questions still remain about whether these design modifications and safety improvements will actually help reduce the risk of a Yamaha Rhino rollover accident, if Yamaha Motor Corp. U.S.A. told the U.S. CPSC that they would make the vehicle safer, why would the same design modifications not be offered worldwide?

LAWYERS FOR YAMAHA RHINO RECALL

The Yamaha Rhino lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who have suffered serious fractures and other injuries in ATV rollover accidents that occurred at slow speeds while the vehicle was being operated in a reasonable and prudent manner.

Yamaha has known about the safety problems with the Rhino for years and have continued to place riders at risk by failing to issue a recall earlier and warn about the problems. Hundreds of lawsuits over Yamaha Rhino accidents have been filed, and other riders who were injured in a rollover may be entitled to compensation.

If you, a friend or family member have suffered injuries in a Yamaha Rhino accident, request a free consultation and claim evaluation.

>>INFORMATION: Yamaha Rhino Rollover Problems

The Yamaha Rhino recall lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who were injured or killed in a rollover accident that could have been prevented if Yamaha had taken actions earlier to address the rollover problems. Although the corrective actions should have been required years ago, we applaud the U.S. CPSC for taking action to require Yamaha to make simple design changes which may save lives.

On March 31, 2009, the U.S. Consumer Product Safety Commission announced that owners have been asked to stop using about 120,000 Yamaha Rhino 450 and 650 model ATVs sold since Fall 2003 and about 25,000 Yamaha Rhino 700 model ATVs, until repairs can be made to add a spacer onto the rear wheels and remove the rear anti-sway bar to reduce the risk of a rollover.

In August 2007, Yamaha began offering after-market doors and additional passenger hand-holds which were designed to help riders keep their arms and feet inside the vehicle when it rolled over. However, that did not address the inherent stability problems with the side-by-side ATV.

It is too early for our attorneys to make a judgment about whether these design modification will be enough to make the vehicles safe, but at least it is a step in the right direction to require Yamaha to make the ATV safer.

The U.S. CPSC indicated that the actions were taken after they investigated more than 50 incidents involving 46 Yamaha Rhino deaths, more than two-thirds of which involved rollovers, many of which occurred while the vehicles were being turned at relatively low speeds on level terrain.

YAMAHA RHINO RECALL LAWSUITS

Hundreds of riders have suffered severe fractures, head injuries and other debilitating and fatal injuries in Yamaha Rhino rollovers since the vehicles were first introduced in 2003. Those who have suffered injuries which may have been prevented if Yamaha had made simple design changes to their utility ATV may be entitled to compensation through a Yamaha Rhino recall lawsuit.

To speak with an attorney and determine if you, a friend or family member may have a claim, request a free consultation and claim evaluation.

>>INFORMATION: Yamaha Rhino ATV Rollover Accidents

The Judicial Panel on Multidistrict Litigation issued a Transfer Order this week which will send all federal lawsuits filed over Yamaha Rhino ATV accidents to the United States District Court for the Western District of Kentucky, where they will be assigned to Chief Judge Jennifer B. Coffman.

The formation of an MDL will greatly assist the plaintiffs in the Rhino litigation, as Yamaha has not been very forthcoming with discovery in a number of the individual cases throughout the country and will allow Judge Coffman to make consistent rulings on discovery disputes that have arisen.

As you would expect, Yamaha opposed the centralization, arguing that the discovery in each of the lawsuits was dominated by unique individualized factual questions about how the accidents occurred, whether the plaintiff or a third-party is at fault for the ATV crash and what modifications or maintenance was done to the vehicle.

The MDL Panel found that the benefits of centralization justify consolidating the cases. They pointed to prior MDLs which were successfully handled without delaying or compromising the individual merits of the cases, such as the Bridgestone Tire lawsuits.

Although the cases are only consolidated and coordinated for pretrial litigation, which most people equate an MDL with being a class action for the Yamaha lawsuits. However, the cases will remain individual claims and will be judged independently. If they do not resolve during pretrial litigation and discovery, they will be returned back to the district where they were filed for trial.

In the Order issued February 13, 2009, Judge John G. Heyburn, II wrote:

The motion currently pending presents several difficult issues for the Panel. Certainly, these actions share many factual and technical questions arising from allegations of common defects in the Yamaha Rhino. Each action alleges that the Yamaha Rhino has a propensity to tip over and some allege that it fails to safely contain its occupants in such tip over incidents. Centralization under Section 1407 will eliminate duplicative Yamaha discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary. This would benefit all parties.

YAMAHA RHINO LAWSUIT LAWYERS

The Yamaha Rhino class action lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing a Yamaha Rhino accident lawsuit after sustaining crushing injuries when their ATV rolled over. In many cases, the Yamaha Rhino has been found to rollover even when it is operated at slow speeds on a relatively flat surface.

Potential new cases are continuing to be reviewed and investigated, and our attorneys charge no fees or expenses unless a recovery is obtained. To review a potential claim, request a free consultation and claim evaluation.

>>INFORMATION: Yamaha Rhino Lawsuits

The MDL panel has authority to transfer cases from different federal district courts to one judge for handling up until trial where there are common underlying facts in the cases, consolidation would promote judicial economy and centralization would serve the convenience of the parties and the witnesses.

Yamaha Rhino accident lawsuits have been filed throughout the United States alleging that design defects make the ATVs prone to rollover, even when operated at slow speeds on flat surfaces. The lawsuits also allege that Yamaha failed to make certain design changes which could have made the vehicles substantially safer, and provided inadequate warnings to riders about the risk of serious and debilitating injuries from riding the four-wheel ATV

The Motion to Transfer and Coordinate was filed by Yamaha Rhino attorneys representing individuals who were injured while riding the ATVs.

Under an MDL, all cases would be assigned to one judge, who would coordinate pretrial discovery and litigation in a manner similar to how a Yamaha Rhino class action lawsuit would be managed. However, the cases would remain individual lawsuits, and if they do not settle or otherwise resolve during pretrial litigation they would be returned to the original court where they were filed for trial.

Rhino ATV lawsuits have been filed against Yamaha throughout the United States, including at least 57 cases that are pending in the federal court system in 34 different district courts. If the Yamaha Rhino MDL is formed, these cases would all be consolidated and any future cases filed anywhere in the federal court system would be transferred to the MDL court.

The consolidation would not result in the transfer of any cases filed in various state courts throughout the United States. Although there is no exact accounting of how many Yamaha Rhino ATV lawsuits have been filed in state courts, at least 79 complaints have been filed in California alone, with 53 of those in Orange County Superior Court. A number of cases have also been filed in Georgia state court, where Yamaha Motor Manufacturing Corporation of America is based.

YAMAHA RHINO ATTORNEYS

The Yamaha Rino ATV attorneys at Saiontz & Kirk, P.A. are investigating potential lawsuits on behalf of people throughout the United States who have suffered fractures and other serious injuries in rollover accidents that may have been caused by the dangerous design of the ATV.

If approved, this motion to consolidate will bring all of the federal court claims before a single judge for all of the pre-trial proceedings. This would eliminate the need for duplicative discovery in the cases and avoid inconsistent rulings from different judges in the different districts where the cases are currently pending.

If you, a friend or family member have suffered an injury caused by the Yamaha Rhino rollover problems, request a free consultation and claim evaluation.

>>INFORMATION: Yamaha Rhino ATV Rollover Problems

On September 30, 2008, we posted a blog article about the lack of Yamaha Rhino accident statistics, since the U.S. CPSC does not include the side-by-side vehicle in their annual report on ATV related deaths and injuries. Because the Rhino contains two bucket seats with a steering wheel, as opposed to handle bars, they are not categorized as ATVs and are not subject to the U.S. CPSC safety standards.

According to the article:

The Rhino matter shows how federal safety regulations sometimes struggle to respond to what they call “emerging hazard” areas. There are no regulatory standards for the new breed of off-road vehicles, the CPSC said.

They aren’t subject to ATV safety standards, because of design difference such as having a steering wheel, in contrast to the ATVs’ handlebars. But the novel off-road vehicles also aren’t subject to the much-tougher standards for cars. Owners of UTVs don’t have to register them.

“When there is no standard in place, we have to basically determine if there’s a substantial risk of injury and death, and there’s a hurdle there that has to be met,” says Jay Howell, acting asssistant executive director of the CPSC’s office of hazard identification and reduction.

Our Yamaha Rhino ATV lawyers have been representing individuals injured by the inherently unstable vehicle for over one year, and have been writing here repeatedly about the Rhino ATV design problems which make the vehicle prone to roll-over even when it is operated at slow speeds on flat surfaces.

Despite clear evidence that the Yamaha Rhino rolled over at an unacceptable rate, the manufacturer has continued to produce and sell the side-by-side ATV without any substantial design changes. In addition, although the vehicle was first introduced in 2003, it was not until last summer that they began offering small doors and additional passenger side hand-holds to help reduce the risk of injury in a rollover.

It appears unlikely that the U.S. CPSC investigation will result in Yamaha Rhino recall, but hopefully it will at least result in regulatory standards for utility vehicles and force Yamaha to make design changes to improve the stability of the vehicles and reduce the number of Rhino ATV deaths that occur in the future.

If you, a friend or family member have suffered a severe injury or death as a result of a Yamaha Rhino ATV accident, contact our lawyers for a claim evaluation by requesting a free consultation.

This latest accident occurred on Saturday, October 18, 2008, in DeSoto County, Mississippi, which is near Memphis, Tennessee. The two young girls were riding a 2005 Yamaha Rhino on a flat, paved road when it rolled over, pinning them under the weight of the vehicle. They both suffered fatal injuries in the accident.

Although there were no witnesses to the accident and the speed of the vehicle at the time of the crash is unknown, the initial report published in the DeSoto Times-Tribune, which is the local paper for the county, suggested that the accident was caused by the two young girls operating the vehicle on the pavement, as opposed to off-road. The report also highlighted the fact that the girls were not wearing any protective gear or seatbelts.

Along with the article that appeared on the paper’s website, www.desototimes-tribune.com, were a series of comments from readers. One of the first comments published after the article appeared was from a reader named “mandie” who indicated that the children should not have been unattended and stated that “the parents are responsible for this accident and the two girls should have never been allowed to ride it anywhere near the street.”

While the parents likely regret many of the things that happened on the day of this accident, it is not a fair statement to lay blame on the parents and neither the original article nor the first comments tell the whole story about this ATV accident.

The Yamaha Rhino ATV is an inherently unstable vehicle, which has been found to rollover even at low speeds when it is operated on flat surfaces. Although Yamaha has been aware of these problems for years, they have not provided adequate warnings to owners and have not issued a Yamaha Rhino recall to address the problems. In fact, they continue to sell thousands of these dangerous vehicles every year without substantial design changes.

There is another comment on the original article which follows the comments of “mandie”, which really helps shed some more light on this story. Bob Berends wrote:

My heart goes out to the parents, families and friends of these two young girls. Only God knows what happened and why the Yamaha Rhino rolled.

I, too, lost my daughter when the Rhino she drove rolled and crushed-killed her. She was driving slowly on flat, firm ground when the Rhino rolled while she was making a turn. My daughter was wearing seatbelts but was still partially ejected.

Within the three days prior to my daughter’s death, two other young girls died in separate Rhino accidents involving rollovers.

We later learned (a) many other kids and adults have been killed or injured in Rhino rollovers, and (b) the Rhino has a tendency to roll due to its high center of gravity, narrow width/wheelbase, ill-placed rollbars and big tires. In addition, many people have lost or injured their arms and legs as the early Rhinos did not have any doors and after several deaths, Yamaha offered a half-door that still did not completely restrain riders.

As it turns out over 300 lawsuits have been filed against Yamaha due to the defective design of the Rhino.

I wish Yamaha designed their vehicles to be safer. Perhaps my daughter and these two young girls would still be alive.

A follow up story was published today by the DeSoto Times-Tribune, which does a better job of providing information about the underlying Yamaha Rhino rollover problems. They highlight the instability of the vehicle and the fact that at least 13 children and 4 adults have been killed in Yamaha Rhino ATV accidents since 2006. In addition, hundreds of other individuals have suffered severe and debilitating injuries.

The initial reaction of the DeSoto Times-Tribune and the commenter “mandie” is the common thought that enters peoples heads when they hear about these Rhino accidents. While all-terrain vehicles are inherently dangerous and require special care during operation, the manufacturers have an obligation to make the vehicles as safe as possible. They also have an obligation to provide warnings about risks that would not be apparent to normal users (or parents).

Yamaha has failed to do so, and until they make substantial changes to the Rhino ATV, we will continue to come across these devastating stories.

YAMAHA RHINO ATV ACCIDENT ATTORNEYS

The Yamaha Rhino accident attorneys at Saiontz & Kirk, P.A. investigate potential claims for severe injuries caused by Yamaha Rhino ATV accidents throughout the United States. If you, a friend or family member have suffered personal injury due to the negligently designed Yamaha side-by-side ATV, request a free consultation and claim evaluation.

>>www.Yamaha-Rhino-Information.com

In addition to the touching information about the loss the Sand family has experienced, the site contains resources, such as:

• An outline of concerns about Rhino Safety
• Information about Yamaha Rhino deaths, most of which involve children killed when riding in or driving the side-by-side ATV
• Copies of various news stories about Rhino accidents
• A downloadable Excel spreadsheet with case information for over 200 Rhino Lawsuits against Yahama
• Streaming video showing a Yamaha Rhino rollover and a marketing movie from Yamaha which certainly demonstrates how they anticipated the side-by-side would be used
• Copies of over 100 Yamaha Rhino customer complaint calls and information about independent testing done on the Yamaha Rhino

Mr. Sand pointed out in his email that the website only contains the FACTS about the Rhino, it does not contain advertisements for Yamaha Rhino lawyers and is not sponsored by any law firm. We wanted to post this information as a resource for our clients, our future clients and for anyone researching the Yamaha Rhino who happens to stumble upon our site.

>>ADDITIONAL LEGAL INFORMATION: Yamaha Rhino Rollover Lawsuits