Rhino® All Terrain Vehicle

ROLLOVERS BY RHINO® ALL TERRAIN VEHICLEs CAUSE DEATHS, SERIOUS INJURIES; WARNINGS AND RETROFITS TOO LATE FOR VICTIMS

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The image of all-terrain vehicles is one of freedom and adventure: off-road exploration through muddy ruts, over rough and rocky hills, up and down steep terrain. What could be more exciting, especially to teenagers and even younger children whose parents assume these vehicles are safe?

As it turns out, instead of the adventure of a lifetime, many drivers of and passengers in Yamaha’s Rhino® Utility Terrain Vehicle have suffered severe injuries or even death.

The experienced personal injury attorneys at Searcy Denney are now investigating cases of injury or death resulting from Rhino® all terrain vehicles. In a sleight-of-hand maneuver, Yamaha classified the Rhino® as a “utility terrain vehicle” and, therefore, it was not subject to the same safety standards as other ATVs.

The Rhino® has a history of rollover and handling problems because of its poor design. But Yamaha managed to work around federal regulations.

All terrain vehicles are a regulated class of products, subject to standards established by the Consumer Product Safety Commission. Unfortunately, the regulatory agency has been slow to recognize the safety hazards of these popular vehicles. The evidence mounts: one report found that by 2007, serious injuries from ATV vehicles had increased for the eighth year in a row. What’s more, a high percentage of injuries are incurred by children under 16.

Even when the Rhino® was first introduced to the market in 2003, it was widely reported that ATV deaths and injuries had risen steadily since the mid-1980s. Statistics at that time indicated that 30% of the injuries and deaths were to children under the age of 16. An additional 19% of injuries and deaths occurred to children under the age of 12.

Perhaps recognizing the black marks on the safety record of what competitors called “all terrain vehicles,” Yamaha decided to give the Rhino® a different name: “utility terrain vehicle.” In effect, the manufacturer camouflaged the potential hazards of the Rhino®, which included:

Top heavy design
Narrow wheel base
Too-narrow tires
High center of gravity
Steel cage without safety padding, and
Unsteady steering.

As the saying goes, “A rose by any other name is still a rose.” In Yamaha’s case, the Rhino® poses all of the dangers of other all terrain vehicles . . . and more.

While most all terrain vehicles are for recreational use, the Rhino® and other so-called utility terrain vehicles are marketed for chores such as hauling materials and supplies. The Rhino® introduced some distinctive and appealing features: bucket seats, a steering wheel instead of handlebars, and in some models, even doors. Beyond its touted utilitarian function, it has emerged as a fun vehicle, not exactly a car, but what some might call a marriage of a golf cart and a more traditional ATV.

The Consumer Product Safety Commission, however, calls the Rhino® an “emerging hazard.” In fact, Rachel Weintraub, Director of Product Safety for the Consumer Federation of America, says, “Every year, more and more families are devastated by deaths and injuries caused by ATVs. This tragic problem continues to be in dire need of an aggressive and immediate solution.”

Federal statistics now indicate that the unregulated Rhino® is responsible for more than 30 deaths and hundreds of serious injuries.

The statistics on the Rhino®’s lethal dangers are frightening, but even more compelling are the personal stories of families whose loved ones have been killed or maimed. One mother, Heidi Crow, provided emotional testimony to the Consumer Product Safety Commission in urging mandatory safety improvements to the Rhino®. In June 2007, her nine-year-old son Jeremy was ejected and fatally injured in a Rhino® rollover, despite wearing his safety belt.

Since the Consumer Product Safety Commission launched its ongoing investigation of the safety hazards of ATVs and UTVs, pressure has increased for stricter regulation. The Consumer Product Safety Improvement Act of 2008, which will take effect April 13, 2009, contains the American National Standard for Four Wheel All-Terrain Vehicles Equipment Configuration, and Performance Requirements.

These new requirements are mandatory, and include specifications for not only equipment and configuration, but speed capability, brakes, pitch stability, and electromagnetic compatibility. In addition, a more comprehensive definition of ATVs was developed to prevent future circumvention of safety regulations by companies such as Yamaha.

After nearly five years of skirting federal safety regulations and aggressively marketing the poorly-designed Rhino®, Yamaha finally succumbed to the pressure. In August 2007 - two months too late to save Jeremy Crow’s life - Yamaha issued new safety warnings and instructed Rhino® dealers to retrofit all inventories and customer-returned vehicles.

The models affected included:

All 2004 YXR660
All 2005 YXR660
All 2006 YXR660
All 2006 YXR450
All 2007 YXR660 without doors
All 2007 YXR450 without doors

Yet who does Yamaha blame for the tragedies these vehicles have caused? The operators and riders!

In issuing its Technical Bulletin ordering retrofitting, Yamaha couldn’t resist ducking responsibility for design and safety flaws that the company had known about since introducing the Rhino® in 2003. The Bulletin noted that injuries to operators and passengers occurred because

“ . . . operators have engaged in abrupt maneuvers (such as turning the steering wheel too far or too fast) or aggressive driving (such as sliding, skidding, fishtailing, or doing donuts) that have resulted in side rollovers – even on flat, open areas.”

Imagine that – sliding, skidding, or turning the steering wheel quickly while driving a vehicle intended to be used off-road and on terrain that includes mud, hills, and rock!

Families of victims of Yamaha’s disregard for safety may have a right to pursue justice on behalf of their loved ones . . . and Searcy Denney attorneys can help.

The law firm of Searcy Denney Scarola Barnhart & Shipley has more than 30 years experience handling personal injury cases involving death and injury caused by defectively-designed vehicles of all kinds. We are prepared to assemble a team of attorneys, investigators, paralegals, medical and technical experts, and to marshal our considerable resources in support of your potential claim.

If a loved one has died, or you or a family member has been injured, in an accident involving a Rhino® All Terrain Vehicle, please fill out our Contact Form, or call us to learn more and arrange for a confidential free consultation.

Rhino® All Terrain Vehicle

ROLLOVERS BY RHINO® ALL TERRAIN VEHICLEs CAUSE DEATHS, SERIOUS INJURIES; WARNINGS AND RETROFITS TOO LATE FOR VICTIMS

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