Yourlawyer.com (Yamaha Rhino Recall News)

New Standards Wanted for Yamaha Rhino, Other ROVs

Wed, 14 Oct 2009 00:00:00 -0700

Off-highway and off-road vehicles are involved in hundreds of accidents every year and we have been following this issue for some time. Now, the Wall Street Journal is reporting that the U.S. Consumer Product Safety Commission (CPSC) is recommending it set mandatory rules to “regulate recreational off-highway vehicles,” such as the Yamaha Rhino.

The move anticipates regulators stepping up some consumer safety issues under President Obama, who has called for increased consumer protections since he was sworn into office. The five agency commissioners, who just received a written recommendation, are mandated to now propose a rulemaking, which must be in place prior to rule implementation, said the Journal. A vote on the rulemaking could take place as early as next Wednesday.

Off-highway vehicles, or ROVs, are typically outfitted with at least four low-pressure tires and seat at least one person, said the Journal. ROVs are generally meant for recreation and are new to the market but have been a huge seller with over 416,000 in use at year-end 2008, said the Journal. In 2003, less than 45,000 ROVs were in use. With the rise in sales, however, came a correlative increase in ROV accidents with 181 taking place since 2003 and until this August with 152 injuries and 116 fatalities, said the Journal, citing CPSC data.

Of concern is that ROVs are not required to follow the same safety standards that are in place for ATVs—all-terrain vehicles—which have been on the market longer, said the Journal, due to some specific differences in the design of the two vehicle types. But even ATVs with their more stringent safety standards still have their problems and can be very dangerous vehicles, even in the best of circumstances. According to data collected by the CPSC, ATVs killed more than 500 people in 2006 and of those victims, nearly one in five was a child. In addition to ATV deaths, accidents involving these vehicles sent 146,600 people to hospital emergency rooms that same year.

ATV standards, which were previously voluntary, became mandatory in 2009 following implementation of the recent broad federal product safety law, said Reuters. The law focused on children’s toys and products among other popular items. While most products follow industry standard guidelines, which are voluntary, the CPSC will mandate standards for those products the have proven to create significant hazards to consumers, explained Reuters. By mandating these standards, regulators can respond to issues such as recalls, quicker.

Poor design and regulation have both been blamed for the rising toll on ROV rider injury and death with speed, the large size of the vehicles, and their propensity to rollovers, among cited problems said Reuters. And, while advocates blame industry and government, industry argues that consumers are operating the vehicles recklessly and the vehicles are safe when used properly.

Recreational vehicles, such as the Yamaha Rhino, have been linked to a high number of accident and death reports, as well as the high number of product liability suits. Critics allege the Yamaha Rhino is even more likely to be involved in deadly rollover accidents, saying that the Rhino is top heavy, and has tires that are extremely narrow. Allegedly, these design defects make it far more likely that the Yamaha Rhino will tip and rollover while going through a turn, even when the vehicle is traveling at a slow speed and is on a flat surface. These critics also charge Yamaha Rhino is designed in such a way that passengers’ legs are unprotected in the event of a rollover accident. Over 100,000 Rhinos have been recalled over design defect issues.

Another Yamaha Rhino Death Reported in New York

Mon, 01 Jun 2009 00:00:00 -0700

A fatal Yamaha Rhino accident in upstate New York is raising fresh concerns about the safety about the popular off-road vehicle.   Though the victim in this incident was not wearing a seat belt or helmet, his father claims he was not aware the Rhino had been involved in dozens of fatal rollover accidents over the past several years.

Wyatt Spencer, 13 -years-old, was killed last Thursday in Knox, NY when the Yamaha Rhino he was riding rolled over last Thursday afternoon. A friend who was riding in the Yamaha as a passenger was not injured.

Last year, complaints about the Yamaha Rhino prompted the Consumer Products Safety Commission (CPSC) to open an investigation of the vehicle. In March, the commission said it had investigated 50 Rhino accidents which had resulted in 46 deaths and hundreds of serious injuries. According to the CPSC, more than two-thirds of the cases involved rollovers.

The investigation prompted the CPSC and Yamaha to announce a recall of all Rhino 450, 660 and 700 models distributed since fall of 2003. Under the recall, Yamaha will repair the vehicles free of charge. These repairs include the installation of a spacer on the rear wheels as well as the removal of the rear anti-sway bar to help reduce the chance of rollover and improve vehicle handling, and continued installation of half doors and additional passenger handholds where these features have not been previously installed to help keep occupants’ arms and legs inside the vehicle during a rollover and reduce injuries. The company is also extending a free helmet offer to owners of the affected Yamaha Rhinos.

Wyatt Spencer had only received the Yamaha 450 a few hours before his fatal accident.   His father, James Spencer, told a local TV station that Wyatt was very experienced with off road vehicles, 4 wheelers, motor bikes and tractors.

According to a report on wten.com, Wyatt 's father said that he had only been told that the Rhino's "rear tires needed to be retro-fitted for stability reasons."   Those repairs had been made prior to Wyatt's accident. James Spencer said that he was also not aware that deaths had occurred in Rhino rollover accidents. He also questioned the effectiveness of the repairs that had been made on Wyatt's Rhino. "It seems to me that you would want to stabilize all four corners on these things instead of just the rear wheels," the elder Spencer said. "It just doesn't make sense to me."

It hasn't been determined yet what role the design of the Yamaha Rhino may have played in Wyatt's crash. However, police have pointed out that Wyatt's failure to use his seat belt or a helmet contributed to its seriousness.

Yamaha Faces Third West Virginia Rhino Lawsuit

Tue, 19 May 2009 00:00:00 -0700

Another Yamaha Rhino rollover accident has sparked a third lawsuit in West Virginia. The complaint was filed by the father of a young girl who was seriously injured when the Yamaha Rhino she was riding in flipped.

The Consumer Products Safety Commission (CPSC) opened an investigation into the Rhino last year. As a result of that probe, in March Yamaha announced a recall of all Rhino 450, 660 and 700 models distributed since fall of 2003. Yamaha offered to repair affected Rhinos free of charge. These repairs include the installation of a spacer on the rear wheels, as well as the removal of the rear anti-sway bar to help reduce the chance of rollover and improve vehicle handling.

Brian Shears' lawsuit claims his daughter was seriously injured in March 2006 because of the Yamaha Rhino's faulty design and lack of safety features, such as doors. The lawsuit claims Shears' daughter suffered emotional injuries, physical impairment, disfigurement, pain, discomfort, disability and anxiety. She also lost wages, according to the complaint. Her father incurred significant medical expenses.

The lawsuit points out that Yamaha knew the Rhino was dangerous, as evidenced by a notice the company issued in September 2006. It warned the vehicle could roll over when driven aggressively or on sloping terrain. It also cautioned owners that in the event of a rollover, they should not stick their arms and legs outside the vehicle, according to the complaint.

Then in 2007, Yamaha issued another notification that some Rhino owners had experienced rollover accidents even on flat surfaces, at slow rates of speed. At that time, the company offered to make free modifications on the Rhino, including the addition of handholds and doors. But Shears' lawsuit alleges that not all Rhino owners received that notification.

Shears' lawsuit is seeking unspecified compensatory, special and punitive damages, plus costs and other relief the court deems just.

Bush Hog Recalls 850 Defective UTVs

Fri, 17 Apr 2009 00:00:00 -0700

Bush Hog Off-Road Utility Vehicles (UTV) are being recalled because of a defect that could pose a risk of injury to drivers and passengers. The Bush Hog UTV recall comes just weeks after Yamaha Motor Corp. USA issued a massive recall for dangerous Rhino UTVs.

The Bush Hog UTV recall involves about 850 units. The recall includes the Bush Hog Models TH4400 (Trail Hand) and 4430 4X4 Off-Road Utility Vehicles. “Bush Hog” is printed on the utility vehicle’s cargo bed tail gate and on each side of the cargo bed. Model “TH4400”or “4430” is printed on each side of the hood. The hood color is red, green, or mossy oak. The recalled Bush Hog UTVs were sold at Bush Hog dealerships nationwide from April 2008 to December 2008 for between $8,000 and $10,000.

According to the Consumer Products Safety Commission (CPSC), the UTV's throttle cable can lock in freezing temperatures. This can cause the engine not to return to idle when the driver takes his or her foot off the accelerator pedal, posing a risk of loss of vehicle control and injury to the driver and passenger.

Bush Hog has received one report of an incident involving a frozen throttle cable on a utility vehicle. No injuries have been reported, the CPSC said.

Consumers should immediately stop using the recalled off-road UTVs and contact a Bush Hog dealer to schedule a free inspection and repair. All registered owners have been notified about this recall by mail. Bush Hog is issuing a $50 incentive check for retail customers that bring their machines in for the throttle cable replacement.

The Bush Hog UTV is the second such vehicle recalled since March. Late last month, well over 100,000 Yamaha Rhino 450, 660 and 700 UTVs were recalled after they were linked to 46 deaths, most of which occurred as a result of rollover accidents. In the past , critics have charged that Yamaha Rhino is top heavy, and it has tires that are extremely narrow. These design defects make it far more likely that the Yamaha Rhino will tip and rollover while going through a turn, even when the vehicle is traveling at a slow speed and is on a flat surface.

The problems with the Yamaha Rhino have highlighted the inadequate regulation of UTVs. Another type of off-roader, all terrain vehicles (ATV) are subject to stricter rules. That's mainly due to design differences between ATVs and UTVs - for instance, ATVs have handlebars, while UTVs like the Rhino have steering wheels. But neither are UTVs subject to the much-tougher standards for cars.

Yamaha Rollover Accidents Prompt Scores of Lawsuits

Thu, 02 Apr 2009 00:00:00 -0700

Hundreds of lawsuits have been filed on behalf of victims of Yamaha Rhino rollover accidents. The high number of accidents linked to the Rhino off-road vehicle was among the reasons U.S. regulators launched an investigation of the popular off-roader last November. That investigation culminated in the recall of more than 145,000 Rhinos announced earlier this week.

While off-road vehicles are involved in hundreds of accidents every year, critics say the Yamaha Rhino is even more likely to be involved in one particular type of mishap - rollover accidents. They charge that the Yamaha Rhino is top heavy, and it has tires that are extremely narrow. These design defects make it far more likely that the Yamaha Rhino will tip and rollover while going through a turn, even when the vehicle is traveling at a slow speed and is on a flat surface. Furthermore, the Yamaha Rhino is designed in such a way that passengers’ legs are unprotected in the event of a rollover accident.

Critics of Yamaha say the company has been too slow to acknowledge the Rhino's rollover problems. In September 2006, Yamaha Motor Corp. sent a letter to the owners of the vehicles warning that the Rhino was prone to tip while going through sharp turns. However, the wording of the Yamaha letter seemed to place much of the blame for Rhino rollover accident injuries on the victims themselves. In 2007, Yamaha offered to modify the vehicles free of charge. These modifications included the addition of doors to the vehicle, as well as additional handholds. Unfortunately, it is clear now that these fixes were not enough, as Rhino rollover accidents continued to take a devastating toll on victims.

The Rhino's problems have resulted in hundreds of lawsuits. So many in fact, that recently, the United States Judicial Panel on Multidistrict Litigation ordered that all Yamaha Rhino rollover Federal lawsuits be consolidated before a Federal Judge in Kentucky. The action centralizes the Federal suits into Multidistrict Litigation ("MDL") so that all pretrial discovery and litigation from all Federal Rhino cases will be heard in one court.

Those lawsuits helped spark the CPSC's investigation of the Rhino. Earlier this week, the commission said it had investigated 50 Rhino accidents which had resulted in 46 deaths and hundreds of serious injuries. According to the CPSC, more than two-thirds of the cases involved rollovers.

The investigation prompted the CPSC and Yamaha to announce a recall of all Rhino 450, 660 and 700 models distributed since fall of 2003. Under the recall, Yamaha will repair the vehicles free of charge. These repairs include the installation of a spacer on the rear wheels as well as the removal of the rear anti-sway bar to help reduce the chance of rollover and improve vehicle handling, and continued installation of half doors and additional passenger handholds where these features have not been previously installed to help keep occupants’ arms and legs inside the vehicle during a rollover and reduce injuries. The company is also extending a free helmet offer to owners of the affected Yamaha Rhinos.

Yamaha Rhino Recall Lawsuit Injury Lawyer

Thu, 02 Apr 2009 00:00:00 -0700

Yamaha Rhino Recall

Keywords: Yamaha Rhino Recall Lawsuit Injury Lawyer

The lawyers / attorneys at our firm are offering free consultations to victims of Yamaha Rhino injuries. The Yamaha Rhino off-road vehicle was recalled in March 2009 after 46 people had died in accidents - most of them caused when the Rhino rolled over.

Our Yamaha Rhino injury lawyers have determined that this vehicle was dangerously defective from the time it came on the market in 2003. Deadly rollover accidents have been associated with the Rhino for years. Yamaha Motor Corp. behaved negligently in failing to recall the Rhino in a timely manner.

If you or someone you love sustained an injury in an accident involving the Yamaha Rhino off road vehicle, you may be entitled to compensation. We urge you to contact one of our Yamaha Rhino injury lawyers right way to protect your legal rights.

Yamaha Rhino Recall

The Consumer Products Safety Commission (CPSC) decided to investigate the Yamaha Rhino in November 2008 because of the high number of accident and death reports involving the vehicle, as well as the high number of product liability suits that had been filed by people who were injured by the Rhino. On March 31, 2009, the CPSC announced it had investigated more than 50 incidents involving 46 driver and passenger deaths in Rhino 450, 660 and 700 models.

More than two-thirds of the accidents involved rollovers and many involved unbelted occupants. Of the rollover-related deaths and hundreds of reported injuries, some of which were serious, many appeared to involve turns at relatively low speeds and on level terrain, the CPSC said.

The same day the CPSC went public with the results of its investigation, Yamaha announced that it was recalling all Rhino 450, 660 and 700 models distributed since Fall 2003 for repair. The repairs would include the installation of a spacer on the rear wheels, as well as the removal of the rear anti-sway bar to help reduce the chance of rollover and improve vehicle handling. The repairs would also include installation of half doors and additional passenger handholds where these features had not been previously installed to help keep occupants’ arms and legs inside the vehicle during a rollover and reduce injuries. The company also extended a free helmet offer to owners of the affected Yamaha Rhinos.

Owners of the deadly Yamaha Rhino were warned not to use them until the repairs were made. After repairs on the Yamaha Rhino are completed, drivers and their passengers should always wear their helmet and seatbelt and follow the safety instructions and warnings in the on-product labels, owner’s manuals and other safety materials. The CPSC reminded Rhino users that the vehicle is only recommended for operators 16 and older with a valid driver’s license. All passengers must be tall enough to place both feet on the floorboard with their back against the seat back.

The Yamaha Rhino's Deadly History

The problems with this dangerous vehicle come as no surprise to our Yamaha Rhino injury lawyers, who have been advocating for a recall for sometime. Yamaha itself was well aware of the Rhino's problems for years, yet chose to do little to protect consumers from debilitating and potentially deadly injuries.

Our law firm's investigation of the Yamaha Rhino has revealed that it is top heavy, and it has tires that are far too narrow. These design defects make it more likely that the Yamaha Rhino will tip and rollover while going through a turn, even when the vehicle is traveling at a slow speed and is on a flat surface. Furthermore, the Yamaha Rhino is designed in such a way that passengers’ legs are unprotected in the event of a rollover accident.

Victims of Yamaha Rhino rollover accidents usually experience broken or crushed legs, ankles or feet. In some cases, victims have been permanently disabled, and have had limbs amputated following a Yamaha Rhino rollover accident. When Yamaha Rhino rollover accidents involve children, the results are often fatal.

In September 2006, Yamaha Motor Corp. sent a letter to the owners of the Rhino warning that the vehicle was prone to tip while going through sharp turns. However, the wording of the Yamaha letter seemed to place much of the blame for Rhino rollover accident injuries on the victims themselves. Yamaha warned passengers of the Rhino to use seatbelts, and to keep their hands, arms and legs inside the vehicle at all times. The letter also included information on handling the Rhino if it should start to tip over.

In 2007, Yamaha offered to modify all Rhinos free of charge. These modifications included new doors and additional passenger handholds. These modifications were offered to all purchasers of Rhino vehicles, whether they bought their vehicles new or used. Yamaha also provided more warning labels for the Rhino and updated the Rhino owner's manual to include information about the modifications and rollover risks.

It is painfully obvious that the steps Yamaha took in 2006 and 2007 were far from adequate. Because of the Rhino's history of rollover accidents, the vehicle should have been recalled in 2006 at the latest. Because of Yamaha's foot dragging, untold numbers of Rhino users may have been hurt - or worse - before the company finally issued the 2009 recall.

Legal Help for Victims of Yamaha Rhino Injuries

If you or someone you loved were injured in an accident involving a recalled Yamaha Rhino off-road vehicle, you have valuable legal rights. Please fill out our online form, or call 1-800 LAW INF0 (1-800-529-4636) to discuss your case with one of the experienced Yamaha Rhino injury lawyers at our firm.