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

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