Texas jury clears Yamaha in Rhino rollover case
September 4th, 2009 by Kurt Niland
The Texas jury that heard the first case against Yamaha and its popular Rhino, an all-terrain vehicle that consumer groups and safety advocates claim is highly unstable and deadly, ruled in the manufacturer’s favor last week. The case was brought to court by the parents of Forrest “Eddie” Ray, a 13-year-old boy who was killed in 2007 when the Rhino he was driving flipped.
Jurors deliberated for about 2 hours before reaching their verdict.
During the trial, Mike Burleson, who works for System Engineering & Laboratories, testified on behalf of the plaintiffs. The engineering expert said that the Rhino’s narrow stance, high center of gravity, stiff suspension, and other characteristics amounted to problems with its lateral stability, meaning that it is prone to roll over even at speeds lower than 12 mph.
Many ATV enthusiasts applauded the jury’s decision, saying that it sets a precedent in Yamaha’s favor. But does it? Approximately 500 lawsuits have been brought against Yamaha by Rhino victims and their family members. The number of federal and state lawsuits continues to climb.
The case may not set a precedent for all Rhino lawsuits, but it may set a precedent for similar Rhino lawsuits – those that involve child drivers, especially if the children weren’t wearing safety helmets or seat belts. In such cases, Yamaha’s defense will undoubtedly have an easier time blaming operator error and perhaps the oversight of the parents.
Eddie Ray’s father, Johnny Ray, told the court that his son had years of experience riding ATVs and dirt bikes.
“If I’d thought it was dangerous, I’d have put a helmet on him,” he told the court. “I figured it was like a golf cart, the same thing I drove as a kid. Buckle up and it will keep you safe in there. I didn’t think I would be putting my son in danger,” Ray testified.
Eddie Ray’s tragic death will likely underscore how important it is for parents to take every possible precaution when allowing children to drive or ride in ATVs, especially ones known to have instability problems.
Basic physical restrictions should be followed, including wearing helmets and safety restraints, allowing minors to drive age-appropriate ATVs only, and staying off of paved roads. Additionally, some safety advocates recommend that parents also gauge their child’s intellectual and emotional maturity before allowing him or her to drive an ATV.
Even with all the safety measures taken, it’s still important for parents to realize that ATVs can still roll over, behave unpredictably or fail to keep occupants safe, even when driven responsibly.
For a guide to child safety and ATVs, click here.