Lawsuits continue to be filed which allege that
Yamaha's Rhino all terrain vehicle (ATV) is inherently dangerous. Hundreds of lawsuits are currently pending in which drivers and passengers have either been killed or seriously injured. Yet, the company continues to maintain that the vehicle is safe.
The latest lawsuits
The two latest lawsuits were filed in November of 2008. According to news reports:
- The Mitchell family of Clarkville, Tennessee has filed a lawsuit against Yamaha Motor Corporation after their 11-year old daughter was injured while she was a passenger in a Rhino ATV tipped over. The girl suffered severe injuries to her knee, arm, foot and ankle and four of her toes had to be amputated.
- Jeffrey Lambert of Juliette Georgia has also filed a lawsuit against Yamaha after the Rhino he was driving tipped over. Although he was only traveling at a low speed, Lambert suffered several fractures, lacerations and dislocations after the vehicle rolled over and one-third of his left foot had to be amputated.
Both lawsuits, like those filed before them, allege that, among other things, the Rhino is inherently dangerous, is defectively designed and that the company failed to adequately warn consumers of the vehicles dangers.
Yamaha says the vehicle is safe, but the CPSC disagrees
Although Yamaha maintains that the Rhino is safe, the Consumer Product Safety Commission (CPSC) seems to disagree. The CPSC classifies the Rhino as a utility terrain vehicle (UTV) instead of an all terrain vehicle (ATV). It says that while most ATVs have handlebars, the Rhino has a steering wheel and is more akin to a golf cart. The distinction may seem trivial, but really isn't as the vehicle isn't subject to laws affecting cars or ATVs. The Commission is currently investigating the Rhino.
New legislation goes into effect in April 2009
Federal legislation was passed a few months ago that will enhance safety standards relating to ATVs, UTVs and other products. Once voluntary regulations, these standards will become mandatory in April of 2009 and the CPSC will be better able to address safety issues, institute recalls and impose civil penalties on manufacturers who ignore the rules.
If you've suffered a personal injury due to the Yamaha Rhino, contact an experienced ATV attorney to discuss your situation and find out what options may be available to you. Consultations are free, without obligation and are strictly confidential.
