Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

A West Virginia couple has filed a lawsuit in their state court against the Yamaha dealership who sold them a Rhino 450 in May of 2007. According to the complaint, the couple bought a Rhino model not equipped with passenger doors and handholds. Just a few weeks later, in August, Yamaha Motor Co. offered to install aftermarket doors and handholds on any unequipped Rhinos free of charge in what was effectively the first Yamaha Rhino safety “recall.” When the couple contacted their dealer in September to have the upgrades installed, the dealer told them that an appointment wasn’t possible.

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On April 1, the day that Yamaha Motor Co. announced its “voluntary repair campaign” for its Rhino UTVs, John and Tammy Sand received a phone call from the U.S. Consumer Products Safety Commission thanking them for their efforts in raising awareness about the dangers of the off-road vehicles.

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Yamaha Motor Co. is being sued in Canada over the death of a 13-year-old boy who lost his life when the Rhino he was driving rolled over. Wyatt Bauer, a resident of Rimbey, Alberta, was on vaction with his family in 2007 when the accident occurred. Like many other Rhino victims before him, Bauer was crushed under the weight of the vehicle. His family is seeking $316 million in damages ($400 million CA). The lawsuit can proceed to trial once it has been certified by a judge as a class action.

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This week the U.S. Consumer Product Safety Commission issued an official recall of Yamaha Rhino ATVs. What took them so long!!?? Reports of serious injury and death linked to this vehicle have been reported since 2003, leaving many to wonder if this action is an example of “too little, too late.”

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All Yamaha Rhino 450 and 660 model vehicles were recalled for repairs designed to prevent accidents that resulted in 46 deaths and hundreds of injuries. The reported deaths occurred between the fall of 2003, when the vehicles were first distributed, through this year.

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