Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Yamaha Motor Co. is being sued in Canada over the death of a 13-year-old boy who lost his life when the Rhino he was driving rolled over. Wyatt Bauer, a resident of Rimbey, Alberta, was on vaction with his family in 2007 when the accident occurred. Like many other Rhino victims before him, Bauer was crushed under the weight of the vehicle. His family is seeking $316 million in damages ($400 million CA). The lawsuit can proceed to trial once it has been certified by a judge as a class action.

The U.S. Consumer Product Safety Commission announced just last week that owners of Yamaha Rhino 450, 660, and 700 models could take the vehicles to their dealership for free safety repairs and upgrades. Although Yamaha clearly denies on its website that this is not a recall but a “voluntary repair program,” the CPSC believes the vehicles are a substantial risk and advises the public to avoid operating Rhinos until the proper improvements have been made. Yamaha has also told its dealers to refrain from selling Rhinos until the repairs have been made.

Yamaha Rhinos have been under investigation by the CPSC for months. The commission analyzed more than 50 Rhino accidents that involved 46 driver and passenger deaths. Two-thirds of the accidents resulted in a rollover.

Yamaha’s complimentary “repair campaign” addresses some of the issues that make the Rhino so unstable. It will modify the rear wheels with spacers, giving the vehicle a wider track. It will also remove the rear anti-sway bar, which Yamaha expects will reduce the chance of a rollover and improve the vehicle’s stability and handling.

Because hundreds more people have been seriously maimed in Rhino rollovers, Yamaha is also installing half doors and handholds. Those improvements are intended to reduce the number of people who suffer from crushed or amputated arms and legs. Additionally, Yamaha is offering owners free helmets when they update their Rhinos.

Despite the improvements, critics of the vehicle say that they still don’t adequately address the vehicles’ design flaws. Maneuvers that can be performed safely on other ATVs are still unreasonably dangerous when done on a Rhino.

The Canadian lawsuit was filed in Ontario Superior Court of Justice on Dec. 12, 2008 and served to Yamaha last week.

Source: Bloomberg.com

This entry was posted on Thursday, April 9th, 2009 at 3:37 pm and is filed under News, Yamaha Rhino Rollover Links. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.