The Georgia State Court jury awarded the plaintiff $371,002 to compensate for pain and suffering, medical expenses, lost wages, lost future wages, and loss of consortium. The case is one of dozens of other such cases filed against Yamaha in Gwinnett County, Georgia, where the company’s registered agent for the United States is located.

According to the complaint, the victim brought his Rhino to a stop and then began moving the vehicle forward as he turned the steering wheel right, “and the Rhino tipped onto the driver’s side, trapping his leg under the vehicle.” The weight of the vehicle crushed the plaintiff’s leg, shredding his skin while smashing and exposing his bone.

The case was considered a pivotal one in the legal community because it tested the viability of several other lawsuits filed against Yamaha in the same county. The jury’s verdict indicates that plaintiffs with cases involving similar or worse injuries will likely receive compensation, especially those cases filed in Gwinnett County.

The trial lasted two weeks and the jury deliberated for 10 hours before reaching its verdict. According to some reports, one of the jury’s biggest concerns was that Yamaha never tested its Rhinos for “occupant containment.” Had the company conducted such tests, it would have seen the problem, the jury believed. Almost all serious injuries on Yamaha Rhinos occur during rollovers when the limbs of the vehicle’s occupants protrude from the vehicle.

Drivers and passengers experience a higher rate of injury and death in Rhinos than in other recreational off-road vehicles (ROVs) and all-terrain vehicles (ATVs). Consumer and safety advocates assert Rhinos are dangerous because of their design flaws, including a narrow, top-heavy stance that makes the vehicle prone to roll over, even while when traveling across even surfaces at a low rate of speed.

Yamaha issued a statement after the verdict, saying that the company “is disappointed by the jury’s decision to find for the plaintiff in this case and will pursue all appropriate legal remedies, including possible appeal.”

SOURCE: Yamaha Rhino Rollover › Plaintiff wins landmark case in Georgia for Yamaha Rhino injuries

The CPSC and GAO define ATVs as “off-road motorized vehicles, usually with four tires, a straddle seat for the operator, and handlebars for steering control.” The ATV category does not include side-by-side vehicles such as the Yamaha Rhino and Polaris Ranger, which the government now classifies separately as recreational off-highway vehicles.

GAO says that ATVS have increased in popularity during the last decade and have become a concern to the CPSC and various safety and consumer groups because of their propensity to roll over. Of particular concern is the matter of children who are injured or killed while driving adult-size ATVs or riding as passengers on an ATV that experiences a rollover or crash.

Last October, the CPSC announced it had voted to publish an advance notice of proposed rulemaking (ANPR) to address safety hazards associated with off-highway vehicles and ATVs. According to the CPSC, “preliminary evaluations indicated that the vehicles may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash.”

The GAO report will likely influence what new regulations, if any, the CPSC adopts to govern the use of ATVs in the U.S.

GAO analysis found that “injuries and fatalities increased substantially during the last decade, but not as rapidly as the number of ATVs in use, which nearly tripled. According to Commission staff, an estimated 816 fatalities occurred in 2007, the agency’s most recent annual estimate, compared with 534 in 1999, a 53 percent increase.”

GAO says an estimated 134,900 people were treated in emergency rooms for ATV-related injuries in 2008 – a 65 percent increase over the 81,800 people treated in 1999 for injuries resulting from ATV use. Approximately one-fifth of ATV-related deaths and about one-third of the injuries involved children.

No federal regulations exist governing the use of adult-size ATVs by children. GAO says that accidents involving children frequently occur when children are allowed to ride ATVs that are too large and too difficult for them to handle.

Despite the fact that ATVs can weigh about 600 pounds or more and travel at speeds up to 70 mph, many adults allow children to drive or ride them for recreation. As a result, the U.S. is seeing a continued rise in ATV-related injuries and deaths in children.

“Manufacturers and distributors have agreed to use their best efforts to prevent their dealers from selling adult-sized ATVs for use by children, but recent GAO undercover checks of selected dealers in four states indicated that 7 of 10 were willing to sell an adult-sized ATV for use by children.”

CPSC estimates that costs associated with ATV fatalities and injuries more than doubled in less than a decade, soaring from $10.7 billion in 1999 to $22.3 billion in 2007.

To download a version of the GAO’s full report, go here.

SOURCE: Yamaha Rhino Rollover › Government Accountability Office releases ATV report

According to a press release from the Hubbard County, Minnesota, Sheriff’s office, Tabaka lost control of the vehicle, which caused it to leave the road and strike a tree. The accident was reported about 6 p.m. in Steamboat River Township.

Emergency workers declared Christopherson, a resident of Benedict, Minn., dead at the scene of the accident. Tabaka was taken to North Country Regional Hospital with a broken collarbone and fractured vertebra. The hospital listed him in good condition.

Authorities continue to investigate possible causes of the accident. Both Christopherson and Tabaka were wearing helmets, but ATV collisions and rollovers often result in body trauma despite protective head gear. The Honda TRX is a quad style vehicle, requiring the driver and passenger to straddle the frame. Because the vehicles lack roll bars, seat belts, and other protective features to contain the riders, quad collisions are exceptionally dangerous.

According to a recently published report by the Government Accountability Office (GAO), there were an estimated 816 ATV-related fatalities in 2007, the agency’s most recent estimate. In 2008, an estimated 134,900 people were treated in hospital emergency rooms for injuries sustained in ATV accidents. However, these numbers do not include Yamaha Rhinos and other side-by-side style vehicles, which the federal government now classifies with golf carts as recreational off-highway vehicles (ROVs).

SOURCE: Yamaha Rhino Rollover › ATV crash kills Minnesota woman, injures another

According to Iron County Sheriff Mark Gower, the girls were riding the Rhino on a private ranch about 40 miles west of Cedar City in southwestern Utah near the Nevada and Arizona borders. The Rhino’s driver, a 9-year-old girl, hit the tree at a high rate of speed.

Gower told the Salt Lake Tribune that “the force of the wreck broke the bolts holding the seat.”

Gower identified the 5-year-old girl who was seriously injured as Avalon Carlisle. The girl suffered head trauma from the Rhino’s roll bar and was taken to Valley View Medical Center in Cedar City, where she was airlifted to Primary Children’s Medical Center in Salt Lake City. A hospital spokesperson told the Salt Lake Tribune on Monday that the girl was recovering and in good condition.

The other girls went to private homes following the crash and Sheriff’s deputies had to track them all down. Sheriff Gower told the Tribune that the four other girls were then taken to Cedar City for medical attention.

None of the girls was wearing a helmet.

On public land in Utah, it is illegal for anyone younger than 8 years old to drive an ATV. All drivers ages 8 to 16 must have a safety training certificate if operating on public lands.

However, Utah state law does not place any restrictions on the use of all-terrain vehicles on private property. Nonetheless, police are screening the case for possible negligence charges.

Investigators were told that the girls took the vehicle on their own without permission. Nevertheless, Gower told the Tribune that the girls’ parents or guardians could be held accountable.

“It was negligent and charges could be filed against whoever allowed it or allowed them to continue riding,”

Gower told the Tribune that the owner of the Rhino lives in Colorado City, Arizona and was not present when the crash occurred.

Ann Evans, the off-highway vehicle coordinator for the Utah Division of State Parks, told the Tribune that she sees a “disturbing trend” at some popular off-roading locations with mothers holding their babies in chest carriers while riding.

Babies and children are especially prone to receive traumatic head injuries on an ATV, either from the rough, jarring motion of the vehicle or by striking their heads on a hard surface in the event of a crash or rollover. Helmet companies do not make helmets for infants.

SOURCE: Yamaha Rhino Rollover › Five girls injured in Yamaha Rhino rollover

According to Troy Police, Dacin was out riding ATVs with her flight instructor Saturday night when she hit a cement pad just before 1 a.m., causing the rollover. Dacin was ejected from the vehicle and hit her head. The ATV then landed on top of her.

Dacin was taken to Beaumont Hospital in Royal Oak, where doctors pronounced her dead just before 2 a.m. The Oakland County Meidcal Examiner’s Office said the official cause of death was head trauma. Dacin was not wearing a helmet when the accident occurred.

Dacin’s friend, Tracy Freeland, who graduated from Utica High School with her in 2006, said that Dacin liked to ride motorcycles and had considered joining the Air Force.

“She was a wild child. She just wanted to laugh and have fun,” Freeland told the Free Press. “She wanted to fly.”

Police are currently investigating whether alcohol played a factor in the ATV crash.

According to the U.S. Consumer Product Safety Commission, 816 ATV-related fatalities occurred in 2007, the agency’s most recent annual estimate. The federal government does not include side-by-side vehicles such as the Yamaha Rhino and certain Polaris models in its ATV estimates, so the fatalities linked to all off-road vehicles would be much higher.

The Free Press report says that Dacin was driving a quad, which the driver straddles – an ATV according to government classification.

The CPSC has reported a 53 percent increase in the number of ATV deaths from 1999 to 2007. The agency also estimates that about 135,000 people were treated in emergency rooms for injuries caused by an ATV crash, compared with 81,800 in 1999 – a 65 percent increase. One-fifth of all ATV deaths involved children.

SOURCE: Yamaha Rhino Rollover › ATV rollover kills 22-year-old student pilot

The boy’s parents told authorities they did not know the boy had taken the ATV and that they began to search for him “within several minutes.” They found the boy just after 7 p.m. trapped in the water underneath the overturned vehicle. The parents administered CPR until emergency medical help arrived.

Maryland’s Office of the Chief medical Examiner has ruled the boy’s death to be an accidental drowning.

Authorities say the boy was found wearing a helmet. According to the parents, he was allowed to ride the Polaris ATV, but they told authorities the ATVs had been put away for the night.

The investigation remains open, though Police have stated that it appears no laws were broken.

Maryland law prohibits children under 12 years to operate ATVs on public land, but there are no restrictions for ATV use on private property in the state.

The U.S. Consumer Product Safety Commission has evaluated the safety standards for ATVs as established by the Recreational Off-Highway Vehicle Association and found that they do not “adequately address the deaths and injuries associated with ROV rollovers and collisions.” Inadequate lateral stability, undesirable steering characteristics, and insufficient occupant protection during rollover crashes are some of the characteristics that make the vehicles so dangerous, the CPSC says.

In a statement last October about the dangers of ATVs, Inez Tenenbaum urged parents to keep their children off of ATVs.

“I urge all riders and passengers to strap on a helmet, use the seat belt, know the terrain, and never allow anyone under 16 to drive these vehicles,” Tenenbaum said.

Polaris touts its line of child-oriented vehicles with the tagline: TOUGH ATVs FOR TOUGH KIDS

SOURCE: Yamaha Rhino Rollover › Maryland boy drowns after ATV rollover

According to authorities, 18-year-old Taykra Murphy was driving an Arctic Cat Prowler with three children on board, ranging in age from 3 to 11 . Jones County Sheriff Alex Hodge said that Murphy lost control of the vehicle just after 11:30 a.m. Sunday. The ATV flipped onto its side and ejected the three children. According to witnesses, the occupants of the ATV were seen wearing helmets prior to the accident.

Two trucks from the Hebron Volunteer Fire & Rescue were dispatched to the scene of the accident after a 911 call was made. Also responding were two deputies and an investigator from the Jones County Sheriff’s Department; Nancy Barnett, an investigator from the Jones County District Attorney’s Office, and two ambulances.

A 3-year-old boy was found dead at the scene. Investigators believe he was killed immediately in the rollover. The other children received minor injuries and were treated on the scene.

“It is truly disheartening when accidents such as this occur,” Sheriff Hodge said. “We extend our prayers and condolences to the family of the 3-year-old and all those involved in this accident.”

Mississippi continues to rank highest among states for its number of ATV injuries and fatalities. The state’s numerous farms and enormous swaths of rural terrain make off-road vehicles extremely popular modes of transportation for both work and pleasure. Yet Mississippi lawmakers have resisted passing laws that would govern the use of ATVs, despite the concerns of safety experts and others who have seen first-hand the horrific injuries a simple ATV rollover can cause.

Because of the ATV’s popularity and the lack of state laws, ATV-related deaths and injuries are three times higher than they are in just about every other part of the country.

According to state numbers, 29 people were killed and 1,500 seriously injured in ATV accidents in Mississippi last year alone.

SOURCE: Yamaha Rhino Rollover › ATV rollover claims another child’s life in Mississippi

Bloomingdale police said that Mlynarczyk was rushed to Copley Medical Center in Aurora where he was pronounced dead later that evening. They did not specify the nature of Mlynarczyk’s injuries and the accident remains under investigation.

The fatal rollover stunned Mlynarczyk’s friends and family. According to Chicago’s Daily Herald, the man’s father, Marion Mlynarczyk said his son was an experienced driver of both three- and four-wheeled ATVs and dirt bikes.

“He just loves it, it’s like he was born with that (passion),” his father told the Daily Herald, which noted that “Even the main photo on his Facebook profile includes a photo of Mlynarczyk atop an ATV.”

Mlynarczyk was the youngest of five children. He graduated last year from Glenbard North High School and was studying to become a heating, ventilation, and air conditioning specialist.

“If you knew him, you would like him right away because he was such a positive person. Everybody liked him (because) he was always willing to help and always giving good advice,” his father said.

Mlynarczyk’s father said that his son “was looking forward to graduating and working as a Union Guy.”

“We are going to miss him tremendously and I don’t know how we are going to fill the gap he left. I look at his pictures and he is so full of life and hope, and now he’s gone,” his father told the Daily Herald.

SOURCE: Yamaha Rhino Rollover › ATV rollover claims the life of 19-year-old Illinois student

However, CFA’s director for product safety, Rachel Weintraub, suggested that the CPSC data was misleading and that ATVs remain a serious threat to U.S. consumers, and particularly to children.

“ATVs are still causing hundreds of deaths and well over a hundred thousand injuries a year, which makes them one of the most dangerous products that CPSC oversees,” Weintraub said.

CPSC records show that at least 74 children were killed and 37,000 seriously injured in ATV rollovers and other accidents in 2008. These figures, however, do not include the number of children who were killed in Yamaha Rhinos and similar side-by-side vehicles, which the CPSC now classifies separately as recreational off-highway vehicles (ROVs).

The CPSC removed reported incidents involving ATV deaths and injuries from the ATV incident reports, which are tracked in another database and will be reported separately.

Therefore, although it appears that ATV deaths and injuries are declining for children in the U.S., evidence strongly suggests a change in the CPSC’s record keeping methods is the cause of the apparent decline.

The CPSC considers an ATV to be an off-road, motorized vehicle having three or four low pressure tires, a straddle seat for the driver, and handlebars for steering control.

Off-road motor vehicles having steering wheels and either bench or bucket seats, such as golf carts, dune buggies, recreational off-highway vehicles (ROVs), and certain types of utility vehicles are not categorized as ATVs by the CPSC.

The CPSC’s classification changes are bound to cause some confusion, as vehicles such as the Yamaha Rhino are now categorized with golf carts instead of with other off-road vehicles such as the Yamaha Grizzly, which the manufacturer officially calls the Grizzly ATV. Already a number of web sites are picking up stories on the decrease in ATV death rates because of the switch.

Despite changes to their name or classification – ATVs, ROVs, UTVs, ORVs, side by sides, or four wheelers — the risks associated with these vehicles remain the same.

“ATVs continue to represent a significant risk of injury and death for children,” chairman of the American Academy of Pediatrics, H. Garry Gardner, MD FAAP, told the CFA, adding that “Children under the age of 16 should not operate or ride ATVs.”

SOURCE: Yamaha Rhino Rollover › CPSC data shows false decline in ATV deaths and injuries

An all-terrain vehicle crash claimed the life of a 16-year-old girl from the Chinquapin community in Duplin County, North Carolina last weekend. According to NBC affiliate WITN in Washington, North Carolina, the girl was identified as Raven Kennedy, a student at East Duplin High School.

Authorities investigating the accident said Kennedy was driving the ATV on private property when it rolled over after Kennedy attempted to turn onto a dirt road. Her passenger, 20-year-old Michael Pickett, was taken to Duplin General Hospital, where he was treated and released.

In South Carolina, a 13-year-old boy died when he was riding his ATV with friends. According to Florence County Coroner Bubba Matthews, the boy, who was identified as Benjamin Byers, lost control of the ATV and was crushed when the vehicle rolled over on top of him. Byers was rushed to Lake City Hospital where he was pronounced dead just before 3 p.m. on January 11.

Near White City, Oregon, three two teenage girls were treated for injuries at a local hospital when the ATV they and another friend, also a teenage girl, flipped. Reports say that the ATV’s driver lost control of the vehicle just as she attempted to cross Highway 140 in southern Oregon just outside White City.

One of the girls of the girls was ejected when the vehicle rolled over. The other girls were trapped under the vehicle after it rolled over multiple times. All three girls survived the crash.

In Nova Scotia, Canada, a teenager died when he was ejected from the vehicle after hitting some rocks in the road. 18-year-old Alexander MacPhee of Nine Mile River was riding his ATV with two friends when the accident occurred. Halifax Royal Canadian Mounted Police said that MacPhee was wearing a helmet but that it had come off when he the rock. He was pronounced dead at the scene.

In an effort to reduce the incidence of injury and death caused by ATV accidents, the U.S. Consumer Product Safety Commission (CPSC) announced last October that it voted to publish an advance notice of proposed rulemaking (ANPR) to address safety hazards associated with ATVs.

According to the CPSC, the agency’s preliminary evaluations found that ATVs may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash.

“The need for federal rulemaking on ROVs (recreational offroad vehicles) is the consequence of not having a voluntary standard that effectively safeguards consumers, said CPSC Chairman Inez Tenenbaum in a statement, adding that she believed her agency could play a vital role in making ATVs safer.

SOURCE: Yamaha Rhino Rollover › ATV accidents turned January into a tragic month for many teenagers

In Jackson County, Alabama, where at least one person was killed in an ATV accident last year, representatives of the Sheriff’s Department, Emergency Management Agency, the Scottsboro Fire Department, AirEvac, and other emergency services are in the planning stages of developing community education and training courses for ATV safety.

“ATV safety is very needed in our county,” Michael Sims, coordinator for the Jackson County Extension Office, told Jackson County’s Daily Sentinel. According to the Sentinel, Sims said that more adults and children need to be wearing helmets while riding and often they have too many have passengers riding on the vehicles.

In Pittsylvania County, Virginia, two Pittsylvania County volunteer fire departments are hosting an ATV Safety Awareness event this weekend to “provide tips on minimizing the dangers of riding an ATV,” the Danville News reports.

Proceeds from the event, which includes a yard sale and bake sale, will benefit the family of a local teen who was killed in an ATV accident in October. The money raised will help cover medical expenses and scholarships.

Tragically, in Pittsylvania County just last Friday, a 2-year-old boy fell off an ATV that his mother was driving and died. The mother and the boy’s sister were also injured when the ATV crashed. The tragedy occurred after the fire departments planned the Pittsylvania County awareness event. The timing of the incident underscores the need for more ATV safety events.

Regardless of the safety measures a driver takes, all-terrain vehicles are by their very nature dangerous vehicles that can maim or kill even the most experienced drivers and their passengers. When drivers disregard or don’t know the laws governing ATV operation (if their state has rules), or if they fail to take the most basic safety precautions, a fairly dangerous machine becomes a very deadly one.

Some ATVs, such as the Yamaha Rhino, contain design flaws that make them unreasonably dangerous. Yamaha designed the Rhino to fit in the bed of a standard pick-up truck, giving it a narrow stance that makes the vehicle prone to roll over, even when it is driven on a flat surface and at a low rate of speed. The Rhino’s propensity to roll over, combined with a lack of safety features that adequately protect passengers, has caused hundreds of serious injuries and dozens of deaths across the U.S.

SOURCE: Yamaha Rhino Rollover › Communities offer ATV safety events to mitigate off-roading dangers

Florence County coroner Bubba Matthews told WBTW that the boy likely lost control of the ATV while riding with friends. Byers was an active and athletic child who loved fishing, hunting, and playing ball. Most of all, he loved racing.

The boy’s mother, Tamara Johnson, described her son as “an awesome athlete.”

“He played county sports and school sports. He raced all over the United States. He was just an awesome kid,” Johnson told WBTW.

“He was my baby boy, my baby boy with the big smile. Everybody he met, he left an impression on,” she said.

Byers was featured on the news last month when he competed against the station’s news director in a go-kart race and won.

The boy’s death dealt a painful blow to the family, friends, school, and community that he left behind. Those who knew and loved Byers mourned his passing during funeral services held Wednesday after classes ended at Johnsonville Middle School, where he attended.

Byers’ family established a scholarship fund to preserve the boy’s memory in his community and to help others. All donations, which can be made to any Anderson Brothers Bank, will benefit a student athlete at Johnsonville Middle School.

SOURCE: Yamaha Rhino Rollover › ATV rollover kills 13-year-old South Carolina boy

Polaris says that the front suspension on the recalled vehicles can separate from the steering knuckle, which causes the driver to lose the ability to steer the vehicle and could lead to serious injury or death if not corrected. No injuries have been reported as a result of the defect.

Vehicles included in the recall are the 2009 Sportsman XP 550, 2009 Sportsman XP 550 EPS, 2010 Sportsman 550, 2010 Sportsman X2 550, 2010 Sportsman Touring 550, 2009-2010 Sportsman XP 850, 2009-2010 Sportsman XP 850 EPS, and 2010 Sportsman Touring 850.

Only vehicles with certain VIN numbers in the group are affected by the recall. The CPSC advises owners of the recalled models to locate the VIN number and manufacture date on the frame rail next to the shock on the front right side of the vehicle. Vehicle owners should then contact their local Polaris dealer to see if their VIN number is subject to the recall.

The recalled ATVs were sold by Polaris dealerships throughout the nation from February 2009 through November 2009.

The CPSC urges owners of the affected models to stop using their ATVs immediately. If the vehicle is confirmed by the dealership to be defective, the owner is entitled to a free repair.

For more information on the recall, contact Polaris toll-free at (888) 704-5290 between 8 a.m. and 5 p.m. Central Mon. through Friday or visit the company’s website at www.polarisindustries.com.

SOURCE: Yamaha Rhino Rollover › Polaris recalls Sportsman ATVs for possible loss of steering

Mississippi remains one of the few states with almost no laws restricting the use of ATVs. As a result, the number of ATV-related injuries and deaths in Mississippi is three times higher than in most other parts of the country.

Tragically, in Mississippi, children are too often the victims of the dangerous vehicles, and there is a growing feeling that the state’s lack of legislation governing their use and safety represents a big part of the problem.

Two days before Christmas, in Warren County, Mississippi, an ATV accident claimed the life of 15-year-old Caitlin Lopez, who was driving a Yamaha Big Bear when “suddenly it flipped,” according to Jackson NBC affiliate WLBT. The accident injured 6-year-old twin sisters Kimberly and Kaylee Madison, who were passengers in the Yamaha when it rolled over.

“Knowing that they’re here and that they’re walking and talking and breathing. It is remarkable to me,” Selena Madison, the mother of the twins, told WLBT.

Last year, Coroner Gillentine-Green pronounced the deaths of 20-year-old Crystal Hooper and her 5-year-old cousin Natalie Aguilar, who were killed when the ATV they were on crashed. According to available reports, Hooper lost control of the ATV and ran into a trailer full of building supplies. Both Hooper and Aguilar sustained head injuries in the accident.

But will adding new legislation, such as requiring the use of helmets, help reduce the number of ATV-related injuries and fatalities? Warren County Sheriff Martin Pace says it will.

“I attribute at least some of this to Mississippi’s lack of legislation,” Pace told WLBT, referring to the recent spate of ATV crashes that claimed the lives of Mississippi teens and children.

But Sheriff Pace also believes that the vehicles are dangerous to start with, and that anyone riding them should be extremely cautious, no matter what the laws are.

“In 2009, we’ve lost two beautiful teenage girls to four wheeler accidents. And they’re just inherently dangerous vehicles,” Pace said.

Two Mississippi legislators, Gray Tollison (D) and Dannie Reed (R) are also calling for better legislation.

“We need to consider legislation this session to decrease the increasing number of ATV deaths and serious injuries, especially children. I believe that the passage of a law requiring the use of a helmet and required training for persons without a drivers license would go a long way to reduce the number of ATV deaths and serious injuries in Mississippi,” Tollison said in a statement.

SOURCE: Yamaha Rhino Rollover › ATV deaths prompt Mississippi to consider better ATV legislation

Australia prohibits manufacturers from calling their vehicles ATVs when there is no proof the vehicles can handle all types of terrain. Most of the four-wheeled open vehicles that drivers straddle like bicycles are classified as quads.

As in the United States and Canada, ATV sales have risen dramatically in Australia during the last couple of years. A report in Australia’s Farm Weekly says that nearly 15,000 quads were sold just to the country’s agricultural sector in 2008 alone.

In examining records of 107 quad deaths, ACAHS found that men are more likely to die in accidents involving the vehicles. Emily Herde, ACAHS data centre research manager, said that there is “a propensity for quad bikes to roll over and cause serious injury to riders.”

“There are 50 cases within the register that relate to the rollover of a quad bike. Of these, two were front rollovers, eight were side rollovers, nine were rear rollovers and the remaining 31 were unspecified,” Herne said.

According to Farm Weekly, “Solving the problem is proving to be very difficult, with some safety mechanisms like the U and T-shaped rollover protection systems proven to do more harm than good by Dynamic Research Inc in the U.S.”

The ACAHS reminded farmers “not to treat quad bikes as all terrain vehicles, with the industry having to change the name of the bikes from ATV to quad bikes because of proof that they cannot handle all terrains,” the Farm Weekly report said.

SOURCE: Yamaha Rhino Rollover › ATV accidents killing Australian farmers at an alarming rate

According to the news release, the CPSC staff’s preliminary evaluations indicate that the vehicles may exhibit inadequate lateral stability, undesirable steering characteristics, and inadequate occupant protection during a rollover crash. The staff reviewed the Recreational Off-Highway Vehicle Association (ROHVA) draft proposed American National Standards for Recreational Off-Highway Vehicles, ANSI/ROHVA 1-200X and “found preliminarily that it does not adequately address the deaths and injuries associated with ROV rollovers and collisions.”

In a statement issued by CPSC Oct. 21, Chairman Inez Tenenbaum says, “The need for federal rulemaking on ROVs is the consequence of not having a voluntary standard that effectively safeguards consumers. I have reviewed numerous death and injury reports tied to ROVs and I believe CPSC can play a vital role in making them safer. While we work on new safety rules for ROVs, I urge all riders and passengers to strap on a helmet, use the seat belt, know the terrain, and never allow anyone under 16 to drive these vehicles.”

During the ANPR process, the CPSC is inviting the public to submit written comments regarding the risks of injury associated with ROVs, and suggestions for ways in which these risks could be addressed.  Comments will be accepted for 60 days following publication of the ANPR.

Comments can be submitted at www.regulations.gov.

SOURCE: Yamaha Rhino Rollover › CPSC to address rising death toll on recreational off-highway vehicles

Ike Miyachi, a Yamaha vice president in charge of developing the Rhino, was riding in a prototype driven by Keisuke “Casey” Yoshida, the President of Yamaha’s U.S. operations, when the vehicle rolled over after descending a hill, injuring Miyachi’s foot.

According to company minutes obtained by CBS, Yoshida raised the safety issue during a meeting weeks after the initial rollover. “Casey wants update on instability of vehicle for future liability cases,” Yoshida noted.

Despite early signs that the Rhino had dangerous flaws, Yamaha took the vehicles to market in the fall of 2003. Unlike anything else on the ATV market at the time, the Rhinos became an instant hit. Now, almost six years after the Rhino’s debut, the Consumer Product Safety Commission says that at least 59 people have been killed in Rhino rollovers. Thousands more people have been injured with bone fractures, loss of limbs, and head injuries. More than 440 wrongful death and personal injury lawsuits against Yamaha are pending in U.S. courts. Many others have been settled out of court.

Most of the complaints cited in Rhino lawsuits relate to the vehicle’s fundamental design flaws: its narrow track width, high center of gravity, and lack of a rear differential, which make the Rhino unstable and exceptionally prone to roll over.

Some complaints allege that the vehicle’s restraint system is flawed. Seat belts can fail, leading occupants to become ejected or partially ejected from the vehicles. Still other complaints involve the lack of doors or bars that would prevent occupants from intentionally or reflexively sticking their arms or legs out of the vehicle during a rollover.

As the number of ATV rollover deaths and injuries rises with the number of vehicles sold, many safety experts say that merely warning consumers about dangerous flaws is no longer enough. Instead, they say, Yamaha and other manufacturers need to step up and create safer vehicles.

At the same time, the CPSC finally seems to be toughening its stance after years of being too lenient on manufacturers, starting back when ATVs first appeared in the mid 1980s. In 1987, the CPSC sued Yamaha and four other companies for creating and distributing an “imminently hazardous consumer product.”

Then, in an effort to reduce rollovers, the CPSC wanted to impose stability standards on ATV manufacturers. But the manufacturers fought back and won, simply promising to not make future vehicles any more dangerous than they already were.

Warnings, instead of real safety features, became the industry standard and effectively passed all liability to the consumer. According to the CBS report, “warnings about all manner of possible driver errors strengthened the industry’s hand in liability cases. The companies suddenly had a “buffet of defenses” against almost any claim.”

CBS raised the issue of ATV safety to Carrol Pollack-Nelson, formerly a CPSC psychologist and now a safety adviser to corporations. Pollack-Nelson said that the strict reliance on warnings to prevent accidents isn’t working. “You have a product that’s inherently got some pretty serious dangers,” and people use it “the way they think it’s intended to be used,” she said. “They’re not trying to drive their granny to the store … It goes fast, it goes over bumps, it goes over open terrain. Why else would they have bought the thing?”

According to the CPSC, ATV injuries serious enough to require emergency room treatment almost tripled from 52,800 in 1997 to 150,900 in 2007. The number of deaths exceeded 500 in 2001, topped 650 in 2003, and surpassed 800 in 2005. ATV deaths and injuries continue to climb despite efforts by Yamaha and other manufacturers to toughen the warnings.

SOURCE: Yamaha Rhino Rollover › CBS casts spotlight on Yamaha Rhino flaws, instability

21-year-old Jessica Lynne Braithwaite

In a report by the Athens, Alabama-based News-Courier, Braithewaite’s mother, Karen Abernathy of Elkmont, Ala., described Jessica Lynne as “free-spirited” and “outgoing.”

“She was very independent,” Abernathy told the paper.

Braithewaite was a cheerleader at West Limestone high School, where she graduated in 2005. She leaves behind an 18-month-old son Skylar.

Witnesses say that Braithewaite was attempting to pass another ATV when she lost control of the vehicle. Abernathy told the News-Courier that her daughter had ridden on ATVs previously.

According to the Southern Medical Journal, published by the Southern Medical Association, there has been a dramatic rise in ATV-related deaths and injuries proportional to vehicles’ explosion in popularity over the last 3 years. One study, conducted by Dr. George M. Testerman of East Tennessee State College of Medicine and published this year, showed that ATV-related injuries in his trauma center increased by 78 percent in a three-year period from 2004 to 2007. Only 20 percent of the injured ATV drivers were female.

Studies show that ATV overturns and rollovers are more common when the driver is 50 years or older. Younger drivers are more likely to be involved in collisions and suffer from head injuries than older drivers.

SOURCE: Yamaha Rhino Rollover › Young Alabama mother dies in ATV accident

Van Beveren, a resident of Holland, Mich., was thrown from the vehicle when the Rhino struck the tree. According to a report in the Grand Haven Tribune, Dietrich called some residents of a nearby house, who rushed to the scene before calling 911. Emergency responders had trouble spotting the scene of the accident at first because it was located nearly a mile off the main road in an apple orchard.

The emergency workers transported van Beveren to a landing zone and then airlifted her to Spectrum Butterworth Hospital in Grand Rapids. On June 26, the morning following the accident, doctors said van Beveren was in critical condition with multiple, unspecified injuries.

The Ottawa County Sheriff’s Department is still investigating the crash.

Yamaha Motor Corporation vigorously defends the safety of its Rhino UTVs, which have become the subject of numerous lawsuits involving Rhino drivers and passengers who are seriously injured or killed. The manufacturer announced a repair program on March 31 and suspended all Rhino sales until the vehicles were equipped with a series of safety upgrades. Although Yamaha says that the repair program is not a recall, the U.S. Consumer Product Safety Commission urged Rhino owners to avoid using their UTVs until the upgrades could be made.

Approximately 120,000 Yamaha Rhinos have been sold in the U.S. since they debuted here in fall 2003. Many Rhino enthusiasts say the vehicles are perfectly safe to drive and accidents are strictly the driver’s fault. However, critics of the UTV say that the vehicles’ numerous design flaws, such as narrow track width, narrow wheels, and high center of gravity, make them highly unstable and more prone to roll over than other all terrain vehicles.

SOURCE: Yamaha Rhino Rollover › Michigan woman in critical condition after Rhino accident

According to the lawsuit, the rollover occurred on “relatively flat terrain.” The vehicle tipped over on the passenger side where the plaintiff was seated.

Like many other lawsuits pending against Yamaha in the Unites States, the suit filed in Texarkana claims that the Rhino “was placed in the stream of commerce in a defective condition, unreasonably dangerous to the users thereof, and not fit for its intended use and reasonably foreseeable purposes.”

The suit also claims that warnings and operating instructions for the Rhino were negligently inadequate.

The plaintiff seeks damages for health care expenses, physical pain and suffering, mental anguish, physical disability and impairment, disfigurement, lost wages, loss of wage earning capacity, loss of consortium, loss of household services, pre- and post-judgment interest.

46 deaths and hundreds of injuries in the U.S. have been attributed to the Yamaha Rhino’s defective design and performance. The unusually high number of deaths and injuries linked to Yamaha’s signature UTV prompted the U.S. Consumer Products Safety Commission to recall the vehicles last March. Owners may take their Rhinos to their local dealership to have a series of safety improvements installed. No new vehicles are to be sold until the same upgrades have been completed.

More than 200 product liability lawsuits have been filed in U.S. courts by Rhino victims and their families.

SOURCE: Yamaha Rhino Rollover › Texas woman seeks damages for injuries sustained in Rhino rollover

The boy’s parents, James and Bonnie Spencer, needed a UTV for farming chores. They bought a Rhino 450 from their local Yamaha dealership on May 20. Having heard about the Rhino’s propensity to roll over, the Spencers had their dealership make the recommended safety upgrades, including installing spacers on the rear of the vehicle to give it added stability. The Spencers received their Rhino last Thursday after the proper work had been performed, according to a report by the Times Union.

Wyatt, as the boy was called by family and friends, was anxious to test drive the new Rhino. Having grown up on a farm, he had a lot of experience driving four wheelers and dirt bikes. So when the Rhino was delivered, he and a friend were eager to give it a spin.

The boys rode the Rhino around for most of the afternoon, took a break, and then decided to ride one more time in the early evening, around 5 p.m.

The Rhino rolled when it hit a patch of wet grass about 500 yards from the Spencers’ home. The vehicle, weighing more than half a ton, landed on top of Wyatt. His friend, 14-year-old Brian Pitts, was able to push the vehicle off of his friend. He then ran home and called 911.

Paramedics rushed Wyatt to an ER in Albany, where he was pronounced dead from severe head trauma. Wyatt was not wearing a helmet at the time of the accident. It is not known whether the Spencers received a free helmet from Yamaha as part of the recommended safety recall.

Most of the Rhino-related deaths – about 50 in the U.S. so far – were caused as a result of injuries sustained in a rollover. According to the Times Union, a certified mechanic will inspect the Spencers’ vehicle to make sure the safety upgrades were installed properly.

SOURCE: Yamaha Rhino Rollover › Rhino rollover claims life of 13-year-old boy

The rollover occurred on Monday evening when Camarillo apparently lost control of the Rhino. According to the local coroner’s investigator, Camarillo was thrown from the vehicle. He was not wearing a safety belt. Investigators do not yet know what caused the driver to lose control of the UTV and roll over.

The Desert Sun reports that aside from Camarillo and the passenger who was airlifted in critical condition, four others received injuries as a result of the rollover. All were transported to area hospitals.

The accident occurred nearly two months after the U.S. Consumer Product Safety Commission and Yamaha Motor Corporation issued a safety recall of all Rhino models (450, 660, and 700). The CPSC announced the recall after investigating 50 Rhino accidents. Although many of the reports investigated by the CPSC involved unbelted passengers, the agency found that several of the accidents appeared to result from design flaws that critics claim make the UTVs unstable.

120,000 Rhinos have been sold since the vehicles first appeared on the U.S. market in the fall of 2003. Since then, Rhinos have been blamed on nearly 50 deaths and hundreds of injuries. Consumers have filed approximately 200 lawsuits against Yamaha in U.S. courts, alleging the Rhinos to be dangerously unstable, even when driven on flat terrain and at low rates of speed.

The CPSC has advised all Rhino owners to stop using the vehicles until a local dealer has made the appropriate safety upgrades to the vehicles. Additionally, Yamaha has instructed its dealerships to stop selling Rhinos until the improvements are made. Yamaha is also giving free helmets to Rhino owners who schedule their vehicles for the safety upgrades.

SOURCE: Yamaha Rhino Rollover › Rhino rollover kills California man, injures 5 others

The CPSC’s investigation of Rhino accidents found that an unreasonably high number of rollover-related deaths and injuries occurred while the vehicles were driven at low speeds and on flat terrain. Since 2003, when the Rhino first debuted on the U.S. market, it has been blamed for 46 deaths and hundreds of injuries, many of which are serious and life-altering. Consumers have filed some 200 lawsuits in U.S. courts.

According to the Daily Telegraph, Rhinos are not just popular recreational vehicles in Australia. Farmers, Surf Life Saving patrols (a national association of lifeguards), and Rural Fire Brigades also use them in their daily tasks.

Surf Life Saving Australia told the Daily telegraph that Yamaha assured them that “there are no safety concerns with the Rhino” and that it’s not offering the repair program in Australia because “when the user guidelines are followed, the Rhino is a safe and extremely capable side-by-side vehicle.”

The SLSA also told the Daily Telegraph that it implements driver training programs developed specifically for the Rhino. However, Yamaha told the association that “typical use” of the vehicles in the U.S. differed significantly from the SLSA’s use, and that “safety issues are not replicated here.”

So, in other words, Americans are irresponsible (if not reckless) Rhino drivers, the CPSC’s concerns are unfounded, and there’s nothing whatsoever wrong with the Rhino’s design, even though more people are killed or maimed while using them than any other UTV?

SOURCE: Yamaha Rhino Rollover › Yamaha Australia offers no Rhino safety recall

Both lawsuits allege that Yamaha Rhinos have fundamental design flaws such as a high center of gravity, narrow track width, and narrow wheels, which make the vehicles highly unstable. The problematic design, combined with a lack of safety features that would help contain passengers and their limbs inside the vehicle, make riding in a Rhino exceptionally dangerous.

Yamaha warns consumers that Rhinos are susceptible to roll over if driven aggressively and on uneven ground. Most lawsuits, however, are filed by victims and their families who allege that the vehicles turned over on flat ground and at a low speed. Yamaha also advised drivers to keep their limbs inside the vehicle in the event of a rollover, yet Rhinos lack the necessary features to make doing so possible.

Both of the West Virginia complaints assert that injuries caused by the Rhino accidents led to medical expenses and lost wages in addition to permanent physical impairment, pain, mental anguish, and a loss in quality of life.

The Consumer Products Safety Commission (CPSC) responded to all of the complaints against Rhino by launching an investigation last year. The agency found that the vehicles to be unreasonably dangerous and urged consumers to avoid driving their Rhinos until the appropriate safety upgrades were made by a local dealer.

The CPSC and Yamaha jointly announced the “voluntary repair program,” effectively a recall, on March 31. Safety critics applaud Yamaha’s willingness to add safety features to all vehicles sold since 2003, but say that the company still needs to address the Rhino’s fundamental safety flaws.

SOURCE: Yamaha Rhino Rollover › Rhino’s fundamental design flaws form basis of more lawsuits

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

SOURCE: Yamaha Rhino Rollover › Death of boy in Rhino rollover prompts Canadian class action suit

The dealer told the couple that it would call them back when it had time to perform the safety repairs. Yamaha designed the new safety enhancements to prevent and minimize injury during a rollover. Rhinos are notoriously narrow and unstable vehicles, and every year people become maimed or killed when their Rhinos roll over because there is little, if anything, to prevent one’s head, arms, and legs from protruding during a rollover.

Which is just what happened to the West Virginia couple while they were waiting for a call from their Rhino dealership. In October 2007, the male was driving the Rhino. When the vehicle started to topple, the driver reacted by sticking his leg out to prevent a full-scale rollover. Although his reaction was a natural one, it did not prevent the Rhino from rolling over and crushing the driver’s leg. He now suffers from severe and permanent injuries.

Last month Yamaha and the Consumer Product Safety Commission announced a “voluntary repair program” which effectively recalled all Rhino 450, 660, and 700 models for safety upgrades. Yamaha Motor Corp. agreed to install passenger doors, hand grips, and rear wheel spacers on Rhinos already sold. Additionally, the manufacturer plans to remove the rear anti-sway bar on the vehicles, which will give them more stability.

Yamaha headquarters also told its dealerships to discontinue Rhino sales until all safety upgrades were made. While so many repairs are being performed on showroom Rhinos for sale, many dealerships have little time to perform recall repairs.

SOURCE: Yamaha Rhino Rollover › West Virginia couple sues Yamaha dealership

The Sands lost their 10-year-old daughter Ellie when the Rhino she was a passenger in rolled over, crushing her head between the ground and the vehicle’s unpadded roll cage. The accident occurred when the driver, traveling at 15 mph on flat terrain, attempted to make a right turn. Ellie suffered a massive brain injury and died the following day.

Since Ellie’s death, the Sands have courageously turned their grief into a positive effort to call attention to the dangers of the Yamaha Rhino. They forged alliances with families of other victims who were killed or injured in Rhino rollovers and they flooded the CPSC with testimonies. Then, after months of investigations, the CPSC announced what is effectively a recall of the Rhinos.

The CPSC has advised all Rhino owners to immediately stop driving their UTVs until Yamaha makes a series of repairs and improvements to the vehicles, free of charge, at a Yamaha dealership. Yamaha Motor Co. has advised all its dealerships to discontinue selling additional Rhino 450, 660, and 700 models until those same modifications have been performed. The modifications are intended to give the Rhino more stability and reduce the chances of being maimed or killed in a rollover.

John and Tammy Sand can now share a sense of accomplishment, and they are pleased that the CPSC pushed Yamaha to take a step in the right direction.

“It made us feel good,” Sands told the Middletown Journal. “I don’t want to take credit for this, but it’s a fight we took up for Ellie.”

Resources: Ellie’s Mission Page; Yamaha Motor Co.; CPSC; Middletown Journal

SOURCE: Yamaha Rhino Rollover › Parents of Yamaha Rhino victim happy about ‘recall’

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

SOURCE: Yamaha Rhino Rollover › Rhino lawsuit moves forward as Yamaha launches repair campaign

The recall involves all Rhino 450, 660 and 700 model vehicles. According to an official news release, the CPSC staff has investigated more than 50 incidents involving 46 driver and passenger deaths related to the Rhino. They report more than two-thirds of the cases involved rollovers, and many appear to involve turns at relatively low speed and on level terrain.

Beasley Allen attorney and Product Liability section head Cole Portis has reviewed over 75 Yamaha Rhino rollover claims in the past two years. He says,”We are concerned that this recall, while a good first step, does not address the inherent design flaws that make the Yamaha Rhino so susceptible to low-speed rollovers. However, I remain hopeful that this government recall will serve as a wake-up call and that Yamaha will re-evaluate their practice of putting profits over people. ”

The recall originally only included the 450 and 660 models, but within a day of the announcement the CPSC added the 700 model as well. The recall includes about 120,000 of the 450 and 660 models and 25,000 of the 700 models.

Yamaha will suspend sales of the vehicles until they are repaired, and consumers are urged to stop riding the vehicles until repairs are made.

Yamaha’s recommended repair includes the installation of a spacer on the rear wheels and removal of the rear anti-sway bar to help reduce the chance of rollover and improve vehicle handling. The repair also includes installation of half doors and additional passenger hand-holds, which Yamaha already recommended after earlier reports of rollover injuries.

SOURCE: Yamaha Rhino Rollover › CPSC, Yamaha recall Rhino vehicles

The repairs are designed to reduce rollover risk, as well as to improve handling and keep riders’ limbs inside the vehicles.

Rhino 450 and 660 owners should stop using these vehicles and call their local dealer to schedule an appointment for repairs. They can also receive a free helmet.

Sales of these vehicles have also been suspended for repairs.

This is the first government recall of this category of recreational vehicle.

For more details, call Yamaha at 800-962-7926.

SOURCE: The Associated Press

SOURCE: Yamaha Rhino Rollover › Yamaha Rhino ATVs recall issued for two models

Earlier this week we featured J.T. Crow, a 9-year-old boy who died when the Yamaha Rhino he was a passenger in rolled onto its side, throwing him from the ATV and pinning him underneath its unpadded roll cage. Since the accident, which occurred in June 2007, J.T.’s mother, Heidi Crow, embarked on a mission to “help save others from a tragic fate like J.T.’s.”

ACCORDING TO THE PRESS RELEASE: One result of Ms. Crow’s work is the “Citizen Report on UTV Vehicle Hazards,” a compilation of information, statistics, and evidence underscoring the dangers of the Yamaha Rhino and other utility terrain vehicles (UTVs). Ms. Crow collaborated with family members of other Rhino victims, the Trauma Foundation, and the Center for Auto Safety in publishing the report, which is dedicated to the memory of J.T.

“The Yamaha Rhino and some of the other sport-based UTVs have a much greater propensity to roll over than any passenger vehicle or truck on the road,” the report states in its opening. “There are, however, no governmental minimum safety performance standards currently applicable to these vehicles,” the report says.

The authors believe that “such standards are vitally important to prevent occupants from being seriously injured during rollover. Yamaha Rhinos lacking adequate occupant protection have injured, maimed or killed literally hundreds of consumers.”

The report was released to the National Highway Traffic Safety Administration (NHTSA), the Consumer Product Safety Commission (CPSC), the Recreational Off Highway Vehicle Association (ROHVA), and key members of Congress.

“Utility Terrain Vehicles have fallen within a regulatory crevice. These vehicles were introduced to the market and have been sold to consumers without having to meet government safety and performance standards. It is imperative that federal and/or state safety agencies step forward to protect consumers from the growing number of fatalities and severe injuries,” said Ms. Crow in releasing the report.

The report focuses on the safety defects of the Rhino that make it one of the most dangerous UTVs in the world. It also identifies 38 people who lost their lives in Rhino accidents.

“A national tragedy is occurring. Scores of adults, teenagers, and children have been left permanently disabled after their hands, arms, feet, and legs have been crushed in Yamaha Rhino rollovers, and many innocent children have been killed,” Ms. Crow said.

“We call upon Yamaha and other UTV manufacturers to incorporate key safety features necessary to protect occupants from accidents, injuries, and deaths.”

The report calls for many improvements to the Rhino, including better occupant containment methods so that passengers remain inside the vehicle during a rollover; supplementary safety restraints such as partial doors, padded roll cages, and netting; effective seat belt restraint systems that comply with US Federal Motor Vehicle Safety Standards; improved stability and handling; and other safety upgrades.

The entire report can be viewed here.

SOURCE: http://www.yamaharhinorolloverandrecall.com/news_articles/2009/20090227-press.htm

SOURCE: Yamaha Rhino Rollover › Families devastated by Rhino rollovers release safety report

Those words were written by Heidi Crow, whose 9-year-old son Jeremy Todd “J.T.” perished on June 22, 2007 when the new Yamaha Rhino 450 he was a passenger in rolled over. J.T.’s older sister Madison was driving the Rhino on at their grandparents’ property when it tipped over suddenly while traveling at a low speed.

The Rhino rolled over on its side just a quarter of a turn, but it was enough to throw J.T. from the vehicle even though he was properly belted. The boy suffered massive head and neck injuries when the Rhino’s unpadded steel roll cage pinned him to the ground, underneath a thousand pounds of weight.

Emergency personnel rushed J.T. to a hospital in Jasper, Texas where he was pronounced dead.

“The seat belt system failed to restrain him. Nor was the Rhino equipped with doors and safety netting that could have kept J.T. inside the Rhino and saved his life,” writes Heidi Crow.

In August 2007, just weeks after J.T.’s death, Yamaha began issuing safety doors and hand grips for its Rhinos as a means of reducing the number of people who are seriously injured in Rhino rollovers. The announcement, which was made in the form of a “special offer,” told Rhino owners that Yamaha would retro-fit doors and handholds free of charge.

But Yamaha still hasn’t addressed the causes for all the rollovers, which include the ATV’s high center of gravity, narrow track width and wheels, and other design flaws.

According to his mother, “J.T. was a very smart and beautiful boy. He excelled at academics and sports, but most special was his compassion for others and gift for making people feel important.”

While J.T.’s life was cut short, his family lives on to spread the word about the dangers of Yamaha Rhinos. Heidi Crow believes it is now her responsibility to “help save others from a tragic fate like J.T.’s.”

“His memory will go on, and his story will be told as long as it needs to be told to save lives,”she  says on a website devoted to his memory.

SOURCE: Yamaha Rhino Rollover › Family of boy killed in Rhino rollover establishes memorial fund

According to an article in the DeSoto Times-Tribune, the sixth grade class at Lewisburg sponsored the planting of a red maple in front of the school, and they decided to dedicate the new tree to the memory of their classmate Lauren. A plaque bearing Lauren’s name sits beside the tree. The red maple was donated by Quality Landscaping and Garden Center of Olive Branch, Miss.

“Everytime you see it, you can think of her,” said Kelly Wallhood, whose children also attend Lewisburg Middle-High, to the gathered crowd. “You can watch it grow and remember your friend.”

The girl’s father, Trae Dilworth, told the Times-Tribune that he will stop by to see the tree frequently.

“It’s just a living memory of Lauren that will hopefully be here for years to come,” he told the paper.

Lauren’s father was also moved by the kindness of the community in remembering his daughter, especially because she and her family were new in town.

“To have only lived here a short period of time, it’s amazing that such caring people thought so much about Lauren,” Dilworth told the Times-Tribune. “This says a lot about the community.”

Lauren and her friend Emily Bates, also 11 years old, were both in the Rhino when the rollover occurred. Both girls were pinned underneath the vehicle. Dilworth died at the scene and Bates died later at the emergency room.

Dilworth’s science and social studies teacher, Tabitha Green, said that Lauren made a quick and lasting impression on those who knew her, if even for a brief time.

“I never met a girl who was so happy,” Green told the Times-Tribune. “We love Lauren and miss her.”

SOURCE: Yamaha Rhino Rollover › Community remembers girl killed in Yamaha Rhino rollover

The woman filed her lawsuit in January in U.S. District Court, Eastern District of Texas, Marshall Division. According to a report in the Southeast Texas Record, her suit, like the other suits filed against Yamaha throughout the county, alleges that the “Rhino is excessively prone to tip over even at low speeds, on flat or slight grade terrain, and while conducting safe turns.”

The suit suggests that Yamaha manufactures the Rhino knowing that the ATV’s instability and lack of safety features makes it a dangerous ride for passengers. She argues that the ATV not only has a narrow track width and high center of gravity, but that its heavy, unpadded roll cage can harm passengers rather than them during a rollover incident.

The Southeast Texas Record points out that Yamaha sent letters to Yamaha owners in 2007 which instructed them to keep their arms and legs inside the vehicle in the event of a rollover. What Yamaha doesn’t explain in the letter is how passengers and their children can recall these words of advice in the middle of a terrifying rollover. Nor does it describe how passengers can defy the laws of physics during an accident, preventing limbs from exiting the ATV as it tips or tumbles.

The suit seeks damages for medical expenses, lost wages, loss of earning capacity, and pain and mental anguish. It also seeks punitive damages of an unspecified amount, alleging that Yamaha acted “in a malicious, wanton, willful, fraudulent and reckless manner evincing such an entire want of care as to raise the presumption of a conscious indifference to the consequences.”

More than 100,000 Rhinos have been sold since Yamaha started selling them in 2003.

SOURCE: Yamaha Rhino Rollover › Texas woman sues Yamaha for daughter injured in Rhino rollover

Heading back to his family’s campsite, Johnson turned the Rhino when it suddenly flipped. At some point during the accident Bithell’s left leg protruded from the vehicle. The half-ton vehicle flipped over onto the driver’s side, shattering the lower half of Bithell’s leg.

Bithell has undergone three surgeries and skin grafts since the rollover occurred on February 18, 2007. Despite the medical procedures, however, Bithell’s leg remains severely disfigured and he continues to experience pain on a daily basis.

While Bithell’s injuries remind him that one’s life can change dramatically in a flash, they are also an unfortunate memento of how exceedingly dangerous Yamaha Rhinos can be, even when riders take the proper precautions to prevent injuries. Bithell was wearing a seatbelt when the Rhino tipped, yet the vehicle’s frame failed to contain Bithell’s leg. Instead, the bare roll cage ripped through his skin and muscle and shattered his leg.

The Rhino’s design does not take into consideration that the limbs of the riders easily protrude from the vehicle in a rollover. Hundreds of injuries similar to Bithell’s and at least 36 deaths resulting from Yamaha Rhino accidents have been reported nationwide.

The Rhino’s inherent danger and instability come from a number of poor elements in the vehicles design. Rhinos possess a high center of gravity. The top heavy ATVs also have a steering geometry that performs poorly with the vehicle’s narrow track width and small wheels, making them prone to turn over even when traveling at low speeds and on flat terrain.

Bithell’s suit was filed in an Orange County court. The Yamaha Motor Corporation headquarters are located in the Orange County city of Cypress.

SOURCE: Yamaha Rhino Rollover › California man injured in Rhino rollover sues Yamaha

In Maryland, Joseph Paciera, 24, died Tuesday night when he lost control of the ATV he was driving and struck a tree. He was pronounced dead at the scene. His passenger, a 21-year-old Maryland woman was rushed to the hospital, where she is being treated for life-threatening injuries. Authorities say that the ATV rolled over and landed on top of Panciera and his passenger.

KOMO News in Seattle reports that a 41-year-old man was critically injured when his ATV crashed on a city street in West Seattle late Christmas night. The man was riding his ATV with a friend, who did not witness the accident because he was driving ahead of the victim when the accident occurred. The injured man was admitted to Seattle’s Harborview Medical Center, where he is being treated for life-threatening injuries.

In Miami, two children who received an ATV as a Christmas present last year were flown to the hospital with serious injuries on this Christmas day. A 15-year-old boy and his 10-year-old sister were riding the ATV when it hit a bump in the road, causing the ATV to lose control and run head-on into a car that was in motion. Authorities weren’t sure if the children were wearing any protective gear when the accident occurred.

Further north in Central Florida, a 7-year-old child was critically injured while driving an ATV on private property on Christmas Eve. The ATV struck a small tree, throwing the child from the vehicle around 2 p.m. The child was airlifted to a Tallahassee hospital. Charges will be filed because of the incident, according to a report by the Florida Highway Patrol.

In yet another incident in Florida, a 27-year-old Cape Coral man received severe head injuries when his ATV rolled over on Christmas day. According to police, Justin Sears, the victim, was not wearing a helmet at the time of the incident. His 3-year-old passenger, who was wearing a helmet, suffered only minor injuries.

Sadly, an 11-year old girl died near Jacksonville, Florida when the ATV she was driving rolled over and landed on top of her. The victim, Carmen Jenkins, was a fifth grader at Rusk Intermediate School. The accident occurred at 5:45 p.m. on Saturday, December 20. Carmen was visiting her grandmother and grandfather in Red Springs when the accident occurred.

A 51-year-old man died in Oregon when he was thrown from the ATV he was driving on Monday, December 22. Investigators at the scene of the accident said that the ATV apparently spun out in the heavy snow, catapulting Gary Boyko of Boring, Oregon into a fence made of railroad tie posts not far from his home. Boyko’s death was the result of “blunt force trauma to the chest.”

Any number of factors can be responsible for an ATV wreck, whether it be serious design flaws, lack of safety gear, irresponsible drivers, or a combination of things. The tragic events of this last week should remind us that all ATVs should be handled with caution and driven responsibly. More unstable ATVs, such as the Yamaha Rhino, should be handled with extreme caution or avoided altogether, as some safety advocates and victims believe.

SOURCE: Yamaha Rhino Rollover › Holiday season turns tragic for many ATV owners

Friends and family located his body in Adelanto after they searched the area for 45 minutes. Arapetyan was thrown out of his ATV after driving on a rough trail. His body became intertwined with the left front side of the ATV and was then dragged across the trail.

Arapetyan was driving at an unknown speed with no helmet and no seatbelt. At this time, alcohol and drugs are not considered to be a factor.

SOURCE: Yamaha Rhino Rollover › Rhino rollover accident kills Victorville man

The Mitchells’ daughter was a passenger in the Rhino ATV when it rolled over onto the passenger side. The June 2005 accident occurred while the ATV was being driven soundly, leading the Mitchells to allege that the Yamaha Rhino is dangerously unstable and defective. Like many people throughout the country, the Mitchells suggest the accident would not have occurred if Yamaha had set higher standards for Rhino safety.

While Yamaha stands by the safety of its Rhino, critics claim that the ATV is exceptionally dangerous because of its high center of gravity, narrow track width, narrow wheels and tires, and side-by-side seating.

The Mitchells’ daughter suffered severe injuries to her knee, arm, foot, and ankle in the rollover. She required emergency surgery and surgeons ultimately had to amputate four of the toes on her right foot.

“No more children or adults should suffer serious injuries for simply riding in the Rhino,” said Teresa Mitchell in report from the Wall Street Journal’s MarketWatch.

“In a split second, these dangerous vehicles can change a life forever,” she said.

The Mitchells believe that their lawsuit against Yamaha will help prompt Yamaha “to acknowledge its legal responsibility to injured riders and make the Rhino a safe vehicle.”

SOURCE: Yamaha Rhino Rollover › Parents of Tenn. girl injured in Rhino rollover sue Yamaha

October 28, 2008, will mark the anniversary of this young girl’s death, which was lost on a Yamaha Rhino; her body could not withstand the 1,100-pound weight of the ATV, which rolled over and crushed her.

One can tell Ellie loved life by the smile on her face in each photo of this video. One can’t help but fall in love with this beautiful little girl as she is watched bowling, swimming, dancing, spending time with her family, and just enjoying life.

Yamaha Rhinos aren’t just killing adults; many claim the lives of innocent children. A Yamaha Rhino stripped Ellie Sand of her promising future. Why are people still driving Yamaha Rhinos?

SOURCE: Yamaha Rhino Rollover › father’s slide show for daugher killed in Rhino rollover

An air ambulance rushed her to the hospital and for 24 hours machines held her at the brink of life. But the weight of the 1,100-pound Rhino was just too much for her. Ellie died last October.

Since that tragic day, the Sand family has tried to make sense of what happened to their beautiful daughter. Their Web site is a way to warn other families of the dangers of Yamaha Rhinos before more people are killed.

The Web site touches on safety concerns, court cases, customer complaints, and independent testing of Yamaha Rhinos. It also includes a Rhino rollover movie and Yamaha marketing video. Perhaps the most startling page is the Rhino Victims page, which shows the glowing faces of the children and adults killed while riding this dangerous vehicle. J.T. Crow was 9; Lan McCloud was 8; Andrew Bahl was only 3.

In May, we reported that these Rhinos killed more than 500 people in 2006. Nearly 1 in 5 was a child. Can someone please explain why these horrid vehicles are still being sold?

SOURCE: Yamaha Rhino Rollover › Family dedicates Web site to daughter killed in Rhino rollover

The Ledger Dispatch reports the driver, who was from Livermore, received “major injuries” to his neck and face, and was airlifted to Sutter Roseville Medical Center for treatment. The passenger, a resident of Galt, endured injuries to her neck and right arm and also was airlifted for treatment, to Mercy San Juan Medical Center in Carmichael.

According to the news agency, the accident occurred Aug. 30 at close to 2:30 p.m., when the driver steered into a sharp left turn and the vehicle rolled over. Neither the driver nor the passenger were wearing seatbelts or helmets at the time of the accident, the report states.

The Ledger Dispath noted the Yamaha Rhino has been linked to rollovers since its introduction in 2003, and cites a report from U.S. Recall News, saying riders and passengers have suffered “debilitating fractures” when pinned under the weight of the vehicle. The two teens injured in the Saturday accident were in a 2007 model Yamaha Rhino.

In August 2007, the Yamaha Motor Corporation sent a safety bulletin to Rhino owners advising that the vehicle could be returned to Yamaha dealers for installation of new safety equipment – doors and passenger handholds, to improve the vehicle’s safety following numerous reports of rollover accidents and injuries.

The 2007 Yamaha Rhino owner’s manual was updated to include the new doors and handholds, and Rhino owners were provided a supplemental guide about the new safety features, and a label for the Rhino dashboard outlining the risk of vehicle rollover. Doors and passenger handholds were made standard features in the 2008 model of the Yamaha Rhino.

It is unclear from the Ledger Dispatch report whether the Yamaha Rhino involved in the weekend’s rollover accident had doors or handholds.

SOURCE: Yamaha Rhino Rollover › Labor Day weekend Rhino rollover

According to reports on local television station NBC15, the rollover occured on private property in the area of Lancaster, Wis., on Sunday morning. The report says the Rhino rolled over, pinning young Andrew. The boy was transported to the hospital by local emergency response personnel and then life-flighted to Madison, Wis., where he passed away. His father suffered a broken leg in the accident.

The family, no doubt, suffers a broken heart.

Sadly, this is just the latest in a series of tragic events associated with the Yamaha Rhino, which is suspected of design flaws that make the vehicle fundamentally unstable. While the details of the Wisconsin accident have not been released, information on the company’s web site, www.yamaha-motor.com and in the Yamaha Rhino Owner’s Manual acknowledges that “abrupt maneuvers or aggressive driving have caused rollovers – even on flat, open areas.”

Our thoughts and prayers go out to this family.

Please, please use extreme caution if you own and operate a vehicle of this nature, and do not allow very young children to ride with you. Parents are certainly going to be careful when navigating a Rhino with a child aboard, but experience has shown that even the most cautious operator can find himself in the midst of sudden tragedy when an unstable vehicle rolls over and helpless passengers are thrown.

SOURCE: Yamaha Rhino Rollover › child killed in Rhino rollover

The truth is, I come across these types of stories almost every day. Happy bloggers talk about their new Rhino or other ATV, looking forward to exciting times with their young children and posting photos similar to the one of Pitt. It makes me cringe to see small kids, sometimes with no helmet or other protective gear, pictured in these vehicles.

Almost as often, I read the stories of broken bones and lost loved ones as a joyride turns into tragedy.

ATVs are meant to be fun, of course, but they should be treated using extreme care and caution. Young people, in particular, should be properly trained about how to safely operate them and should always wear protective gear. These are NOT toys. These are pieces of heavy machinery with powerful engines. A Yamaha Rhino weighs more than 1,000 pounds.

The All-Terrain Vehicle Safety Institute (ASI), a not-for-profit division of the Specialty Vehicle Institute of America (SVIA), provides safety tips for ATV riders, including a caution that adults should closely supervise children younger than 16 on these vehicles. The organization also recommends that all ATV riders take a safety course.

Seeing a 2-year-old in her father’s arms on a Rhino in particular is scary. I’m sure he was going at a slow speed, and I’m sure he thought he was being careful. But pending claims against this particular vehicle allege that design defects make the Rhino fundamentally unstable. Information provided by the company’s web site, www.yamaha-motor.com and in the Yamaha Rhino Owner’s Manual acknowledges that “abrupt maneuvers or aggressive driving have caused rollovers – even on flat, open areas.”

Thankfully, Pitt will only have to endure the criticisms of the public, rather than the heartbreak of serious injury caused by his thoughtless action. I hope that as his celebrity status spreads the story, others will get the message that ATVs can be dangerous. Unfortunately, however, his action may instead be imitated by others who won’t be so lucky.

SOURCE: Yamaha Rhino Rollover › Pitt toddler Rhino ride causes stir

Fortunately, the girls were not hurt, but Uncle D ended up with a compound fracture in his arm and shoulder, with bones breaking the skin and a lot of blood loss. A family friend, the father of one of the girls thrown clear in the accident, is an EMT, and was able to free Uncle D from under the Rhino, where he had been pinned, and stabilize him until he could be transported to the emergency room. He underwent surgery, where he had rods and pins inserted to hold the bones, and a week’s stay in the hospital.

What should have been a weekend full of family fun, barbecue and camping turned into a near tragedy and serious injury. Too many people are still unaware of the dangers of ATVs, and, in particular, the Yamaha Rhino, which is believed to have a design defect that makes it more liable than most to roll over, even on flat ground.

SOURCE: Yamaha Rhino Rollover › Family 4th marred by rollover

Ryan was only 10 years old at the time of the accident, which occurred about 14 months ago. Albert is still recovering from his injuries, which included a broken tibia, fractures, broken bones and infection. He is on crutches and has undergone several operations. The full story is in the Press Republican, which serves northeastern New York.

This incident has a relatively happy outcome, in that Ryan was able to save his father, but it adds to a growing list of serious injuries and deaths resulting from accidents involving the Yamaha Rhino. The Rhino has been in production since 2003, and since that time there have been numerous instances of rollovers, which have led to allegations of a fundamental design defect in the ATV that causes it to be unstable and easy to roll.

SOURCE: Yamaha Rhino Rollover › New York boy saves father in rollover

According to the paper, the suit alleges the ATV was “in a defective condition, unreasonably dangerous” and “not fit for its intended use and reasonably foreseeable purposes.” Causes of actions filed against the defendants include strict liability, negligence, and breach of warranty.

The report went on to say that though the lawsuit does not detail the Rhino’s alleged defects, recent lawsuits against Yamaha’s Rhino allege that the ATV’s center of gravity is too high, it is too top heavy and the tires too small. Further, the lawsuits state that the Rhino has a high rollover risk even while riding on flat surfaces while at low speeds.

In 2008, Yamaha upgraded the Rhino ATV to add doors and handholds, responding to concerns that drivers and passengers were extending arms and legs outside the vehicle in the event of a rollover, attempting to stabilize the vehicle. It also added a safety sticker on the dashboard warning Rhino operators and passengers not to do this.

A letter was sent to owners of earlier Rhino models advising them that doors and handholds would be installed at no charge to them. However, concerns exist that people who purchased earlier model Rhinos from individuals rather than dealers might not be aware of the safety hazards and might not know about the recommended door and handhold installation.

SOURCE: Yamaha Rhino Rollover › Unreasonably Dangerous