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 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 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