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Yamaha Rhino Rollover &
Recall - Blog

April 2009 Yamaha Rhino Litigation Update

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.

Canadian Class Action Commenced Against Yamaha for Rhino Tip-Over Accidents

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.

Yamaha Rhino Recall: A Victory for Parents and Families Of Loved Ones Who Died

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.”

Government Responds To Report On Safety Hazards Of Yamaha Rhino, Further Action Needed

March 31st, 2009

On March 31, 2009, the U.S. Consumer Product Safety Commission (“CPSC”), in cooperation with Yamaha Motor Corp. U.S.A., announced a repair program of the Rhino 450, 660, and 700 models to address rollover safety defects which have killed at least 46 persons. Until repaired by a Yamaha dealer, these Rhino models should not be driven.

The CPSC’s action followed upon a comprehensive analysis of the safety defects of the Yamaha Rhino that a group of safety advocates and victim families sent the CPSC last month in a report entitled “Citizen Report on UTV Vehicle Hazards.”

Authors of the report included the Center for Auto Safety, the Trauma Foundation, parents of children killed or injured in Rhino rollovers, and Fabrice N. Vincent, an attorney with Lieff Cabraser Heimann & Bernstein, the law firm that assisted in the report’s preparation. Input came from experts in vehicle design, injury causation, and vehicle hazard identification.

“In addition to the 46 deaths, scores of adults, teenagers, and children across America have been left permanently disabled after their hands, arms, feet, and legs have been crushed in Yamaha Rhino accidents. Many of these injuries would not have occurred if Yamaha had incorporated readily available safety measures in the original design of the Rhino,” noted attorney Vincent. “Yamaha’s repair program is an important step in ending this ongoing national tragedy. However, Yamaha must acknowledge its legal responsibility to those that have been injured or killed and undertake additional key safety adjustments to fully protect consumers.”

Commentary: Safety Defects In Yamaha Rhino Have Allegedly Led To Hundreds Of Serious Accidents Nationwide

March 16th, 2009

Scores of adults, teenagers, and children across America have been left permanently disabled after their hands, arms, feet, and legs have been crushed, and some have died, in rollover accidents involving the Yamaha Rhino UTV asserts a recent report issued by victims and consumer safety advocates which has been summarized on OpEd News.

The commentary notes that 38 deaths, many of them of children, are believed to have occurred in Yamaha Rhino accidents in the United States since the end of 2004. One of these was the death of nine-year-old J.T. Crow. Although he was belted, Crow was ejected in a rollover accident and crushed underneath the half-ton Rhino, which was sold by Yamaha without doors or safety netting to contain its occupants.

Lawsuits filed against Yamaha allege that from its introduction to the market in 2004, the Yamaha Rhino has been a rollover-prone vehicle with numerous safety defects,” stated Fabrice N. Vincent of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP, and a co-author of the report. “The complaints in these lawsuit have charged believe that none of the injuries or deaths would have occurred if Yamaha had incorporated readily available safety measures in the design of the Rhino that would have protected occupants during a rollover.”

Read the full Op-Ed article at OpEdNews.

Victims and Consumer Safety Advocates Issue Report on Safety Hazards of Utility Terrain Vehicles (UTVs)

February 27th, 2009

The safety defects of some Utility Terrain Vehicles (UTVs), including the Yamaha Rhino, are causing a mounting toll of death and severe injury to users, warns a February 26, 2009 report entitled Citizen Report on UTV Vehicle Hazards issued by a group of safety advocates and victims. The authors of the report include three individuals who suffered catastrophic injuries while driving or riding in the Yamaha Rhino as well as parents of two children who died in horrific accidents involving the Yamaha Rhino.

The report calls for significant measures to undertaken to improve UTV safety, including:

  • Minimum Occupant Containment Standards: The report explains that it is essential for the safety of occupants that they remain inside the vehicle during a tip over and rollover accident. The report requests that the NHTSA, CPSC, ROHVA and/or manufacturers establish tests that evaluate and ensure adequate occupant containment for legs, arms, hands and heads in rollovers and rollovers, standards which all UTV vehicles must pass before being sold.
  • Supplementary Safety Restraints: According to the authors of the report, the safety envelope of UTV vehicles must be substantially improved through supplementary restraints that prevent excursion of the feet/legs, hands/arms, and torso. The report calls for the installation of partial doors, roll cage cushions and netting on all UTV vehicles.
  • Effective Seat Belt Restraint Systems: The report seeks all UTV vehicles comply with the standards set forth in the United States Federal Motor Vehicle Safety Standards to ensure that occupants are not ejected from the vehicle during a tip over or rollover. The report charges that one of the reasons for the large number of fatalities and injuries associated with the Yamaha Rhino is due to a deficient seat belt system.
  • Redesigned Roll Cages With Roll Cage Padding: In many cases, when occupants have been ejected from their UTV vehicle, they have suffered a fatal or catastrophic injury from being struck by the vehicle’s heavy, unpadded, steel roll cage. The report calls for moving of the roll cages further from the occupants, re-designing them with minimal crush points and adding padding.
  • Improved Stability And Handling: The report’s authors call upon NHTSA, CPSC, ROHVA and/or manufacturers to establish stability and handling standards, including minimum resistance to rollover, for UTV vehicles in order to substantially reduce the likelihood of tip over accidents.

The report also contains safety recommendations specific to the Yahama Rhino.

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About Lieff Cabraser

Founded in 1972, Lieff Cabraser Heimann & Bernstein, LLP is an over fifty attorney law firm with offices in San Francisco, New York and Nashville. For the last seven years, the National Law Journal has recognized Lieff Cabraser as one of the top plaintiff law firms in America.

To learn more about the advantages our lawyers offer clients in personal injury and wrongful death cases, click here.

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