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

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

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 boy’s older brother, Garret left to take out the trash and drove the ATV around a barn located about 75 yards from the family’s home. The brother went to look for Garrett after he failed to return for about half an hour. After the boy found his brother pinned underneath the overturned Polaris, he ran back to the house to tell his father what had happened.

When first responders arrived at the farm about 1 p.m., they found that the boy’s father, Christopher Malone, had lifted the ATV off of his son and was performing CPR on him.

Medics airlifted the boy to Christus St. Michael Hospital in Texarkana, where he succumbed to his injuries.

The staggering number of children who die each year in ATV-related accidents is one of the reasons propelling major changes in the U.S. Consumer Product Safety Commission’s governance of off-road vehicles. Earlier this month, the CPSC announced that it had found a draft of safety standards proposed by the Recreational Off-Highway Vehicle Association (ROHVA) “did not adequately address the deaths and injuries associated with ROV rollovers and collisions.”

CPSC Chairman Inez Tenebaum, a staunch child safety advocate, urged all ATV drivers and passengers “to strap on a helmet, use the seat belt, know the terrain, and never allow anyone under 16 to drive these vehicles.”

According to Concerned Families for ATV Safety, more than 40,000 children are seriously injured and killed in ATV accidents every year.

SOURCE: Yamaha Rhino Rollover › ATV rollover kills Arkansas boy

The recalled vehicles were sold by authorized dealers across the country from June 2007 through July 2009 and retailed for about $10,000. Bad Boy Enterprises has received 32 reports of unintended acceleration involving the vehicles since their appearance in the market.

According to the CPSC report, some of the incidents resulted in injuries such as “a fractured toe, rotator cuff injuries and sore muscles.” The agency advises all consumers to stop using the vehicles immediately and contact their Bad Boy Buggy dealer for a free repair.

Models included in the recall have serial numbers between 85004828 and 95010404, which are printed on a sticker in the driver’s side cubby. The Bad Boy Buggy Classic ATV is the only model included in the recall. The all-electric vehicles have an open, side-by-side design that requires occupants to sit on a bench.

Bad Boy Enterprises can be reached toll-free at (866) 678-6701 between 8 a.m. and 5 p.m. CT Monday through Friday. The company’s website is http://www.badboyenterprises.com/.

Last week, the CPSC announced that it voted to publish an advance notice of proposed rulemaking (ANPR) to confront the safety issues commonly associated with recreational off-road vehicles (ROVs).

According to the CPSC, “the ANPR invites written comments from the public regarding the risks of injury associated with ROVs and ways in which these risks could be addressed. Following publication of the ANPR, the public will have 60 days to provide comments to the Commission. Comments can be submitted at www.regulations.gov.”

CPSC Chairman Inez Tenenbaum issued a brief statement on October 21, in which she said “the need for federal rulemaking on ROVs” comes from “not having a voluntary standard that effectively safeguards consumers.”

SOURCE: Yamaha Rhino Rollover › Bad Boy ATVs recalled after reports of unintended acceleration