Find A Products Liability Lawyer That Handles ATV Rollover Claims
ATVs have become popular for work and recreation on many farms and ranches. Unfortunately, reported cases of serious injury and death from ATV accidents and rollovers have increased along with their increased use. Most of these ATV rollover injuries and deaths can be attributed to unstable design, too high center of gravity and/or operator error.
The Yamaha Rhino ATV was sold to many people as a vehicle capable of off-road operation under a wide variety of conditions. However, as it was designed, it is unreasonably dangerous and Yamaha Rhino rollover problems have caused serious and life threatening injuries to many users.
When Yamaha developed the Rhino, they were entering a new market for side by side four wheeler ATVs, competing with vehicles like the Kawasaki Mule and John Deere Gator. However, in an attempt to gain an advantage, the Yamaha side by side ATV was designed to be faster and more agile. Unfortunately, Rhino design problems cause the vehicle to be very unstable and prone to roll over or crash.
Despite the defective design, Yamaha still has not issued a Rhino recall and continues to sell the ATV with inadequate safety precautions and warnings.
Who Can Sue
If you or a loved one has suffered serious injury or death in an ATV accident, you may be entitled to seek compensation for your losses. Consult a product liability attorney.
- Shortly after the Yamaha Rhino was introduced in 2003, reports of problems began to surface. The vehicle was initially sold without any doors, leaving the legs of drivers and passengers unprotected. In many cases, severe fractures and crush injuries occurred when the occupants' arms or legs came out of the vehicle as it rolled over. In some cases, the force of the ATV crash pulled the entire body under the four wheeler, resulting in death.
- In September 2006, Yamaha sent a letter to owners about the Rhino problems, which included information about what a user should do if the ATV tips over. However, even if those instructions are followed, in many cases, it remains impossible for operators and passengers to avoid serious injury in a Rhino accident.
- A redesign of the Yamaha Rhino was for the 2008 model year, with the addition of small doors and additional passenger side hand-holds. Although Yamaha offered free modifications to existing vehicles in August 2007, they did not issue a Yamaha Rhino recall to address all of the problems, and they have refused to provide refunds to owners who still believe that the vehicle is unreasonably dangerous
- September 21, 2006 The U.S. Consumer Product Safety Commission is warning about the dangers of all-terrain vehicles.
The number of four wheel ATVs in use in the United States has increased from just more than 2 million to more than 6.9 million in the past decade. From 1982 through 2004, there were nearly 6,500 deaths involving ATVs. In 2004, an estimated 136,000 people were treated in hospital emergency rooms for ATV-related injuries -- many life-altering. In 2003, an estimated 740 people died nationwide in ATV incidents. About 30 percent of all deaths and injuries involve children younger than 16.
Specifically, victims of ATV accidents and their families may be entitled to seek compensation for their losses and suffering including:
- Medical bills
- Lost wages or earning abilities
- Mental anguish
- Loss of companionship