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Yamaha
Rhino Rollover &
Recall - Blog |
Archive for the ‘Safety’ Category
Wednesday, March 31st, 2010
March 31, 2010, Nashville, TN – Melissa and Richard Lee Bates, of Southaven, Mississippi, and Aundria and Thomas Dilworth, of Olive Branch, Mississippi, filed a wrongful death lawsuit against Yamaha Motor Manufacturing Corporation of America. On October 18, 2008, Emily Ann Bates and Lauren Elizabeth Dilworth, both 11 years old, were riding in a Yamaha Rhino in DeSoto County, Mississippi, when the vehicle at a slow speed rolled over unexpectedly, resulting in fatal injuries to the girls. “The lawsuit charges that the Yamaha Rhino is dangerously unstable and contains multiple design and engineering flaws increasing the likelihood of fatal injuries to occupants in the event of an accident,” stated Mark P. Chalos of Lieff Cabraser.
Read the press release issued by Lieff Cabraser concerning the Yamaha Rino lawsuit.
Tags: Lieff Cabraser, Rhino lawsuit, rollovers, UTV injuries, UTV safety, Yamaha Rhino, Yamaha Rollover Posted in Safety | Comments Off
Wednesday, October 21st, 2009
The U.S. Consumer Product Safety Commission today announced a voluntary recall of the following products. Consumers should stop using recalled products immediately unless otherwise instructed. The reported hazard is that these off-road vehicles can accelerate without warning, posing a risk of injury to users and/or bystanders.
Bad Boy Enterprises has received 32 reports of unexpected acceleration, including reports of injuries such as a fractured toe, rotator cuff injury and sore muscles. The recall involves Bad Boy Buggy Standard model off-road utility vehicles. Lieff Cabraser represents clients injured by these vehicles as well as persons injured by Yamaha Rhino ATVs.
The Bad Boy Buggy Standard model has one row seat that allows two persons (the driver and passenger) to sit side-by-side while the vehicle is operated. The Standard has an open air design (no doors or windows), but has a roof. The Bad Boy Buggy Standard models come in Realtree camouflage pattern, Hardwoods camouflage pattern, hunter green, red and black colors. The affected models have serial numbers between 85004828 and 95010404. The serial number is located on a sticker in a cubby on the driver’s side.
Tags: bad boy, bad boy buggy, recall Posted in Safety | Comments Off
Wednesday, October 21st, 2009
After years of urging by safety and consumer activists, the U.S. Consumer Product Safety Commission (CPSC) voted to write new rules to regulate four-wheeled all-terrain vehicles, sometimes called ROVs, including the Yamaha Rhino. The vehicles, which resemble rugged golf cards, are blamed for more than 100 deaths since 2003. Sadly, the industry held off regulations during the Bush years.
The industry has resisted mandatory rules for years and was able to forestall new rules during the years the CPSC was controlled by GOP appointees. Further, today’s action is aimed specifically at four-wheeled ATVs and will not affect other ATVs. The ATV industry has proposed voluntary guidelines but safety advocates say the guidelines have been inadequate and they said today’s action puts the industry on notice.
Read more about this on the Consumer Affairs website.
Tags: ATV regulation, CPSC Posted in Safety | Comments Off
Tuesday, August 4th, 2009
“The public needs to be aware that already 59 people have been killed in these vehicles,” said Inez Tenenbaum, head of the Consumer Products Safety Commission in a report airing tonight on CBS News. “It’s very high risk. This vehicle has a high center of gravity and it will turn over.”
CBS noted that there are no safety standards for these so-called “side-by-side” vehicles. The Consumer Product Safety Commission has received reports of hundreds of reported injuries involving the Rhino – including broken bones crushed legs, arms and heads – often on level ground at relatively low speeds. The commission also cites a disturbing number of deaths. The CBS News report featured Justin Miller, who lost his hand after a Rhino accident in May 2008. Miller stated, “The Yamaha Rhino started to rock and it tipped over on my left side, crushing my wrist.” Miller is represented by Lieff Cabraser in an injury lawsuit against Yamaha.
Posted in Lawsuits, Safety, Yamaha Rhino Accidents | Comments Off
Thursday, July 16th, 2009
The Grand Haven Tribune reports another tragedy involving a Yamaha Rhino that occurred on June 25, 2009. 29-year-old Melissa VanBeveren of Holland and Al Dietrich 47, of Conklin, lost control of their Yamaha Rhino while driving in an apple orchard almost a mile from 14th Avenue in Wright Township. The Yamaha Rhino crashed into a ravine and hit a large tree.
While Dietrich suffered only minor scrapes and bruises because he managed to jump from the Rhino before it struck the tree, VanBeveren was thrown from the two-seat Yamaha Rhino. She was air lifted from the crash site and transported to Spectrum Butterworth Hospital with multiple injuries in serious condition.
Tags: Accidents, Canada, Yamaha Rhino Posted in Safety | Comments Off
Friday, June 19th, 2009
Within the past three weeks, Yamaha Rhino rollover accidents have resulted in tragic losses for two different families in New York and Kentucky. The Times Union reported that on May 28, 2009, 13 year old James Wyatt Spencer died in a Yamaha Rhino tip over accident near his family home in Knox, New York. Spencer was driving a 2009 Yamaha Rhino with a friend when he hit a patch of wet grass and rolled. The machine flipped and landed on Spencer, causing massive head trauma. On June 13, 2009, Josh Davis, 14 years old, died of injuries suffered in yamaha rhino accident near Manchester, Kentucky. Davis was a student at Holy Cross High School and a member of Holy Cross Church in Latonia.
Tags: Accidents, rollovers, UTV injuries, UTV safety, Yamaha Rhino Posted in Safety | Comments Off
Tuesday, May 26th, 2009
The Desert Sun of Palm Springs, California, reported that Juan Carlos Camarillo, 31, of Garden Grove, California, was driving a Yamaha Rhino when he lost control of the vehicle, which rolled, ejecting and killing him.
Earlier this year, following multiple fatal rollover accidents involving Yamaha Rhinos and an investigation by the Consumer Products Safety Commission, Yamaha offered to retrofit all Rhinos on the market and suspended sales of the vehicles.
This offer is not worldwide. In Australia, it has been reported that Yamaha is “so confident its Rhino utility-terrain vehicle will be used responsibly” that is has decided against offering free repairs deemed essential by the U.S. Consumer Product Safety Commission.
Posted in Safety | Comments Off
Tuesday, April 7th, 2009
Lieff Cabraser Heimann & Bernstein, LLP has been representing Yamaha Rhino victims for three years. We currently represent more than 100 Rhino clients, and have filed cases in federal and state courts throughout the country. These cases allege that the Rhino is dangerously unstable and lacks essential crashworthiness features. The recent Consumer Product Safety Commission action confirms our long-held view that the Rhino is unduly prone to tipping over.
On February 13, 2009, the Judicial Panel on Multidistrict Litigation coordinated all federal Yamaha Rhino litigation for discovery and pretrial purposes and assigned the case to U.S. District Court Judge Jennifer B. Coffman of the Western District of Kentucky. On March 25, 2009, the Court appointed Elizabeth J. Cabraser of Lieff Cabraser as Plaintiffs’ Lead Counsel.
In addition, Lieff Cabraser is serving as co-trial counsel in a case scheduled to commence trial later this month in California state court. This will be the first Rhino injury case in the nation to proceed to trial.
Update
April 17, 2009
Unfortunately, Yamaha last week successfully sought continuance of the California state court trial on the ground that it needed an expert to address the March 31, 2009 action by the Consumer Product Safety Commission.
Tags: Lawsuits, UTV safety, Yamaha Rhino Posted in Safety | Comments Off
Wednesday, April 1st, 2009
The Rochon Genova law firm of Toronto, Ontario announced today that a proposed class action claim has been issued with the Ontario Superior Court of Justice. The national class action is on behalf of all persons in Canada who suffered personal injury following tip-over accidents involving Yamaha Rhino Recreational Utility Vehicles, and family members of those injured Canadians.
The class action alleges that the Rhino is prone to tip over because of its narrow track-width, high platform, high center of gravity, and top-heavy design, all of which lead the vehicle to easily tip over under normal and foreseeable driving conditions, including at low speeds on even terrain.
The claim was issued as a result of the death of thirteen-year-old Wyatt Bauer, who died when the Rhino he was driving flipped over, causing multiple injuries, including fatal head trauma. The claim will be amended to include the allegations of Colin Baker, whose foot was trapped by the unpadded roll cage of a doorless Rhino that tipped over, resulting in multiple corrective surgeries.
Lieff Cabraser is associated with Rochon Genova, which represents plaintiffs in a wide range of civil cases.
Tags: Canada, rollovers, Yamaha Rhino Posted in Safety | 1 Comment »
Wednesday, April 1st, 2009
On March 31, 2009, Yamaha Motor Corp. USA suspended sales of its Rhino off-road vehicles Tuesday and a repair program after the Consumer Product Safety Commission determined that they had been involved in more than 50 accidents resulting in 46 deaths and hundreds of injuries. As noted in the Los Angeles Times, the commission’s acting chairwoman, Nancy Nord, said she became so concerned about the number of deaths and injuries associated with the Rhino vehicles that “I directed staff to step up their investigative efforts.” More than two-thirds of the reported accidents were rollovers, many involving turns at low speeds and on level terrain, the commission statement said.
The reporter spoke to Heidi Crow of Winsborough, Texas and a client of Lieff Cabraser. Ms. Crow’s 9-year-old son, Jeremy Todd, known as J.T., died in a Rhino rollover accident June 22, 2007. Crow stated:
“This is the first time that I’ve felt like all the work and everything that we’ve been doing over the last 21 months has paid off. There’s been a lot of lives lost that could have been prevented, but the changes are being made, so I’m happy. These repairs address the Rhino’s design defects. If we make it wider, then we make it more stable and we make it safer and we save people’s lives, and that’s what this is all about.”
Tags: repair program, rollovers, Yamaha Rhino Posted in Safety | Comments Off
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