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 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 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

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