According to officers from the Oklahoma Highway Patrol, the boy was wearing a helmet, but it was not enough to protect him from serious injury. Reports say that the boy was thrown from the vehicle and landed about 3 feet away from the ATV. He was rushed to St. John Medical Center in Tulsa, where he later died as a result of massive head injuries.

ATV accidents such as this have prompted the U.S. Consumer Products Safety Commission to push for more regulation and ATV safety awareness, especially when children are concerned. The CPSC is currently drafting new ATV safety rules that will become mandatory for all ATVs manufactured in or shipped to the United States.

The vehicles have flown under the regulatory radar since the early 1980s, when they debuted on the U.S. market. Sales have crept steadily upward since their introduction, but have exploded in the last 2 years. An alarming rate of serious injury and death has accompanied the skyrocketing ATV sales.

To help mitigate the problem, the CPSC is also cracking down on the import of defective Chinese-made ATVs. The agency recently seized a shipment of Chinese ATVs at the port of Houston because they did not meet U.S. safety specifications.

Sadly, China has emerged as a leader in the production of cheap ATVs for children, making more than 83 percent of the vehicles sold children ages 6 to 16 years. Often, these vehicles, which can sell for as little as $250, lack even the most basic safety features, such as front brakes.

The CPSC estimates that more than 100 children are killed every year in ATV accidents and 40,000 sustain injuries serious enough to require hospitalization.

SOURCE: Yamaha Rhino Rollover › ATV rollover kills 6-year-old Oklahoma boy

Forest “Eddie” Ray was killed on September 13, 2007 while operating a Yamaha Rhino near his home in Orange County, Texas, about 50 miles southeast of Houston. School was closed for the day as Hurricane Humberto approached the area, giving Ray some free time to enjoy the family ATV.

Reports say that Ray tried to maneuver the Rhino from grass onto a paved road when the rollover occurred. Ray sustained a fatal head injury when the vehicle rolled over onto him, crushing his head. His parents allege in the lawsuit that Yamaha made and marketed a product they knew to be defectively designed and prone to roll over. They also accuse Yamaha of skimping on costs by not installing vital safety features.

Earlier this year, Yamaha attorneys argued that the fine print on an agreement signed by the plaintiffs at their Yamaha dealership precluded the plantiffs’ right to take their grievances to trial. Court documents showed that the plaintiffs’ finance agreement from the dealership contained an arbitration clause.

The court denied Yamaha’s motion to force arbitration on June 30. An appeal was rejected on July 16. The trial opened on August 17 in the 163rd Judicial Court in Orange County, Texas before a jury of eight men and five women.

SOURCE: Yamaha Rhino Rollover › First Yamaha Rhino lawsuit goes to trial