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

A class action claim has been filed against Yamaha Motor Co. following the death of a 13-year-old Canadian boy who lost his life when the Rhino he was driving rolled over and crushed him. The class action claim has been issued with the Ontario Superior Court of Justice for all Canadians who sustained personal injuries or loss of life while riding in a Rhino ATV.

The family of Wyatt Bauer of Rimbey, Alberta seeks $400 million CA (about $316 million US). The boy was killed while vacationing with his family in 2007. He received multiple injuries in the rollover, including severe head trauma.

Because the Rhino has a propensity to roll over during normal, safe operation, Yamaha and the U.S. Consumer Products Safety Commission (CPSC) jointly announced a “voluntary repair program” (effectively a recall), which allows owners of all Rhino models to take their ATVs to their dealership for a series of safety repairs and upgrades. Additionally, Yamaha Motor Co. has told all of its dealers to cease selling new Rhinos until they perform the same safety upgrades to their showroom vehicles.

The safety repairs include the installation of doors, hand grips, and a rear wheel spacer and the removal of the rear anti-sway bar. Several people throughout the US and Canada have been severely maimed or killed while riding in Rhinos because the vehicles have a fundamental design flaw. A narrow track width and a high center of gravity make the vehicles prone to roll over during normal operation. Rhinos also lack some key safety features that would help keep persons contained in the vehicle during a rollover.

The Canadian class action also includes allegations made by a Canadian man whose foot was trapped and crushed under the weight of his Rhino when it rolled over. If his Rhino had been equipped with safety doors, his leg likely could have remained inside the vehicle. Instead, the man’s leg was crushed under the Rhino’s unpadded roll cage, causing injuries that required multiple surgeries.

Acting CPSC chairman Nancy Nord said the Rhino recall was “a critical step toward increasing family safety. “I personally have been so concerned about the number of deaths and injuries associated with these vehicles that I directed staff to step up their investigative efforts,” she said in a statement.

Sources: http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aS0pYstKqSYg

http://finance.yahoo.com/news/Canadian-Class-Action-prnews-14815334.html?.v=4

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