Roll over lawsuit

AAFD · 2008-05-01 10:10:53

Has anyone heard of the lawsuit against Yamaha Rhino roll over?

KC

MR. KRYPTONITE · 2008-05-01 10:15:54

I see things on tv all the time from lawers----> "If you have been injured in a Yamaha Rhino....etc. call us" type stuff. :x

I have not heard of any single one that you might be talking about. Maybe someone else knows.

Badley · 2008-05-01 11:11:06

From what I have gathered, it all started with some farmer that was out in his "North 40" and was trying out a "cookie". When he rolled he stuck out his leg which was broken and pinned under the Rhino. No one found him for a while and he ended up losing his leg. Now every ambulance chaser on the planet wants a pc of this and is recruiting Rhino owners for a class action lawsuit... Yamaha = potemtially big $. Yamaha's part in trying to head this off gave us all free doors I am not going to post any info on how to find these amoeba's, but it isn't very hard

If you are going in to a roll - tuck in your limbs... tuck and roll

Fasttrax · 2008-05-01 19:58:17

I give all these idiot attorneys bad comments on their youtube websites. The instructions and safety warnings ae clearly posted on my rhino and I am the retard if I end up dead. Unless it blows up for no reason or the throttle sticks and I go off a cliff there is no law suits in my book. :twisted: :twisted: :twisted:

AAFD · 2008-05-02 07:28:45

Thanks I saw the same thing on TV and wanted to know what people knew.

KC

DUNE DUMMY 29 · 2008-06-25 15:54:54

THERE ARE 2 FAMILIES IN OUR AREA INVOLVED IN THE LAWSUIT. THEIR 13 & 18 YEAR OLD DAUGHTERS WERE KILLED IN SEPERATE INCIDENTS @ SUPERSTITION THANKSGIVING WEEKEND 2006. THE 13 YEAR OLD WAS A PASSNEGER WITH ANOTHER UNDERAGED DRIVER. THE DAD TOLD HER TO STAY IN CAMP & THE NEXT THING YOU KNOW SOMEONE CAME UP & SAID SHE HAD BEEN IN ACCIDENT. HE SAID NO BECAUSE SHE WAS IN CAMP. IT IS VERY SAD BUT THEY BOTH WERE DOING UNSAFE TURNS & THE 13 YEAR OLD HAD THE SHOULDER BELT ON INCORRECTLY. NO ONE THESE DAYS WANTS TO TAKE RESPOSIBLITY FOR THEIR ACTIONS & THOSE OF THEIR CHILDREN & THE PARASITE, BOTTOM FEEDER LAWYERS ARE ALWAYS READY TO BLAME SOMEONE ELSE.

johnsand · 2008-07-14 22:56:44

I personally think lawyers should NOT advertise. I personally HATE these guys ads you see late at night on TV. Or people who try to sue anyone for anything. I also think people should take responsibility for their own actions. Yes there are Yahoos who are drunk, others doing WILD things, we have all seen them. We have seen them tip over and beer come falling out. We have seen them push their vehicles well beyond the limit. Those people are dangerous to everyone.

But.......all the suits against Yamaha are because the DESIGN is faulty AND Yamaha Execs were warned by their people in the design process. The wheels are too close together, it is too high off the ground, the rear wheels are locked together (no slip diff) there is no padding on the roll bar. Their SSF (static stability factor) is way too low, it would NEVER pass in a SUV, jeep or car. http://www.safercar.gov/portal/site/saf … 98RCRD#ssf

I am NOT a lawyer, but I can prove that what I am writing is 100% true.

In the past 3 years there have been OVER 75 suits against Yamaha for the Rhino rolling over, many or on the Orange County Clerk of Courts web site: https://ocapps.occourts.org/CivilPub/Di … se_src_dtl Do a search under “business” for “Yamaha”.

NOT ONE SUIT HAS YAMAHA MADE A MOTION TO THROW OUT OR HAVE DISMISSED. EVERY SUIT IS EITHER IN PROGRESS OR HAS BEEN SETTLED, IN FAVOR IF THE INJURED PERSON.

The real interesting thing is this.......EVERY suit against Yamaha, they (Yamaha) gets a “Protective Order”. This order protects Yamaha when they turn over documents to the opposing lawyer. The documents HAVE to be returned or destroyed with in 30 days after the suit is finished. Some of the documents are the amount and degree of testing Yamaha did (if any). Some of the documents are testimony from the engineers in the research & development stages. There is testimony from about 20 different Yamaha executives with damaging comments, including Yamaha’ in house lawyer Roy Watson. Also included are any possible safety features designed but not installed (like doors). This is a fraction of what is in there. IF Yamaha is so squeaky clean, why not fight these suits and set a pattern? Their current pattern is to settle these cases AND to keep their documents quite. Why file motions to keep SELECT documents secret?

Two engineering firms http://www.renfroe.com/ and http://www.sealcorp.com/atv-utility/atv … ing.htmlin have proven that IF Yamaha spaced the wheels 4” further apart instead of tipping over at 12 mph, it will tip over at 30 MPH. (Call them and ask)

The present of Yamaha of France Jean Claude Olivier (an accomplished racer) tipped over and broke HIS leg.......on flat ground. Then he made every Rhino that came in to France have doors (early design, leg minders, diagonal like bars).

Jeep was sued because they had NO padding on the Roll Bars, they started padding them now. The SFI foundation has written roll bar padding standards (originally for cars and jeeps). Specification 45.1; 45.1.1; & 45.2.1: written 2/2/1995 was written because of the Jeep deal. Yamaha has chosen to ignore it. The roll bars have landed on atleast 13 peoples heads killing them. http://www.sfifoundation.com/

Yamaha says do NOT drive the Rhino on black top (or cement), they also say to be very careful on FLAT ground going SLOW speeds. When, where, and how are you to ride them. Yes, Yamaha has admitted they they do tip over on FLAT GROUND AT SLOW SPEEDS.

The reason I know all of this is because my 10 year old daughters skull was crushed (LITERALLY) when a Rhino she was a passenger in tipped. The roll bar landed on her head. The police determined the driver was only going 10 to 12 MPH. They reconstructed the scene, I have the pictures of the land and tire indentations, he was making a gradual turn. This was investigated VERY throually for about 2 months by sheriffs, accident reconstruction specialists, and prosecuting attorney, and grand jury. The conclusion was he was not being reckless in any way.

I personally have talked with the parents of 12 kids who have been killed the EXACT same way. When you see your 10 year old unconscious on a field and thick blood is pouring out of her ears and nose. Then when 24 hours later you have to allow the hospital to turn off the life support and explain to her 14 yr old and 8 yr old brothers that this is the end of their sister, you want answers. When this happens to your family you dig, and dig and dig until either you give up because there is nothing to find OR you find answers.

As I said I feel we all need to be accountable for our actions.......including Yamaha.

Fasttrax · 2008-07-15 09:08:56

My issue with it all is this. How big of warning sticker and safety manual do they need to get this in people's heads. I rolled mine at a dead stop, my own stupid mistake. I was fine until I was off camber another inch to tip but still, the manaul and stickers warn this. Doors will only prevent legs being crushed, bad overlook for Yamaha and others still producing without. It mentions a helmet to be worn, how many people actually do.

I think the warnings are clear. It's too bad the main developer of the toys get the brunt like Honda on three-wheelers in the 80's. My rollover could have cost me and a friend both our lives. The leg minders kept him from getting his feet out but the seat belt failed. I do not put anyone at fault unless it is negligent like the people who have had their legs crushed in rollover situations. In Utah you have over 300,000 registered off road vehicles. It is big news when one person gets killed. However, it is 99.9% of the time it was failure to obide by the safety instructions with the machine.

I hate to hear or see anyone die or get injured having fun, much like work. I spent many hours in school studying safety manuals before working in the shop to see one idiot do something the safety instructions mentioned. In 32 years of woodworking in cabinet shops I have yet to see a "true" accident. YOU RISK YOUR LIFE EVERY MINUTE OF EVERY DAY. PAY ATTENTION TO DETAILS AND YOUR SITUATION.

Badley · 2008-07-15 22:13:45

First if all I am deeply sorry for your loss John! Was you daughter wearing a helmet? (stock) Seatbelt? I am asking this because I want to know how to avoid an accident like this. Most rollovers I have seen would result in your head trailing the roll and bouncing after impact - how did her head end up under the bar?

NOT ONE SUIT HAS YAMAHA MADE A MOTION TO THROW OUT OR HAVE DISMISSED. EVERY SUIT IS EITHER IN PROGRESS OR HAS BEEN SETTLED, IN FAVOR IF THE INJURED PERSON.

That is our legal system! If they fight the suit it will cost them more than settling - they have to pay their own lawyers too! I am very cynical about our "sue happy" legal system and the "men in black" who make it possible. If there is a legitimate saftey concern, then by all means. Soon we will have our Rhino bodies completely tattooed with warning labels - and- their will still be people in line to sue. At what point do we say enough is enough? Like Fasttrax said "YOU RISK YOUR LIFE EVERY MINUTE OF EVERY DAY." It seems that every accident results in a lawsuit, the lawyers make their money, insurance companies raise their rates, the manufacturer raises their prices, and we pay for it!

When I bought my Rhino I immediately purchased safety equipment - because I had no intention of using on the farm (no I don't have a farm). I had done plenty of research and knew how I wanted to set it up. It is still a risk, but I have done my best to minimize those risks and accept the inherent danger of this sport.

DUNE DUMMY 29 · 2008-07-16 14:33:04

I HAVE DONE SOME STUPID THINGS, BUT THE RHINO HAS NEVER FELT TIPPY & I HAVE NEVER PUT IT ON IT'S SIDE OR ROOF. WE HAVE OFFSET WHEELS, SIMPSON HARNESSES & WE ALWAYS WEAR HELMETS. BEFORE YAMAHA GAVE US THE DOORS WE HAD LEG MINDERS. YOU CAN SEE THE POTNETIAL FOR BAD THINGS TO HAPPEN & YOU MAKE ACCOMENDATIONS TO AVOID THEM. WE ARE ALL SORRY FOR ANYONE WHO HAS LOST SOMEONE OR HAD SOMEONE SEVERELY INJURED IN A RHINO ROLLOVER ACCIDENT. I AM SAYING WHAT BADLEY SAID. TAKE SOME RESPONSIBILTY FOR YOUR ACTIONS & STOP ALL OF THESE LAWSUITS. THE PERCENTAGE OF INJURIES & DEATHS COMPARED TO THE NUMBER OF RHINOS THAT ARE OUT THERE IS PRETTY SMALL.

family adventure · 2008-07-21 03:34:54

I have had my Rhino for years and had it in many situations where tipping could or should have been an issue. Never once has it even remotely come close to going over. When you buy an off road unit like the RHino,Ranger,RZR,Prowler and such you must understand you are taking a risk. What is going on now is no different then the mid to late 1980s when every one was putting kids on the quads like the Honda 250R and letting them go because it had four wheels and in their minds couldn't tip over like a motorcycle. Now I see people doing the same things on the UTVs. Here it is people as harsh as it sounds YOU ARE RESPONSIBLE FOR YOUR CHILDREN NOT YAMAHA -HONDA-POLARIS OR ANY MANUFACTURER!! I feel for everyone out there who has been injured or has had a child injured but in the end you are responsible. You took the risk when you purchased your unit and decided to go off road. Yes offroading is great fun but it does come with risks along with rewards. I have been going off road on motorcycles,quads,trucks,jeeps,buggies,atvs and now utvs for over 40 years and can tell you they all will hurt you. If you are not willing to take that risk and do what you can to limit that risk by learning how to handle your chosen toy then stay home and play checkers. You will be a lot more happy.
A few rules I follow:
1.) Learn to drive your chosen toy. They are no different than learning to drive a car when you were a kid.
2.) Never let an inexperienced driver in or on your toy without constant supervision.
3.) Do not run terrain that is above your skill level, I.E. you wouldn't put a 5 year old on a mini bike on a supercross track so why do people think it is ok to turn kids loose or drive over their own heads on a UTV?
4.) Take safety seriously at all times. Wear the seat belts always. Never let children operate your UTV unless an experienced driver is present. I see too many kids running the hell out of these things in my area with no adults around. In extreme conditions wear helmets to protect you if there is a roll over. Look at the racers they have helmets on not cool looking dew rags!

I am again sorry for everyones loss but own up! The manufacture did not hold a gun to your head and make you buy. They also did not tell the farmer to try to do a cookie in a remote field nor did they make us put our kids in one. That was our choice as adults. As Honda says "Stupid Hurts" and it should. Sorry for the harshness but I am tired of people getting lawyers and going after manufactures for their own poor decisions. :evil:

Titan · 2009-02-15 21:21:00

Befor i got my 700, everytime I saw the add on TV I thought to my self, "damn, i need one of them." then one day I call one of the adds from the TV and thanked them for turning me on to Rhinos, and told them how much i loved my new 700 and proceeded to waist their time over the phone for more than 45 minutes (needless to say they were not happy and hung up on me with out even saying goodbye) Its a Rhino, an over grown ATV. Read the warnings, roll the dice and take your risk.

mouser58 · 2009-02-16 16:51:45

Sad to say it isn't just UTVs. We had a guy lose his daughter on a honda 300 riding double with no helmet. He sued the Dad of the little girl that was driving the Honda and sued the person that owned the ground they were riding on. He is a Dr. and has lots of money already, but thought it neccessary to sue. It didn't bring his daughter back and ruined 2 other families lives. as if the little girl driving wasn't devastated enough. They were best friends and neighbors. Greed is an evil thing !!!!
________
Plymouth Road Runner history

RANGERDALEXP · 2011-01-28 16:18:36

Regardless of manufacture, If they are driven by people that abuse them and pushes them way over the safety limits, they are going to get bit and will end up hurt and even dead. They must be driven responsibly and with care. in no way is it the manufactures fault and they can not always see every situation and prevent it. most of problems are driving under the influence, Overloading, sever modifications of the of UTV"s themselves, Under-aged riders or drivers. Going way, way to fast. All of which is the owners responsibility and not the manufacture :idea: .....

ghostriderr6 · 2011-01-28 21:14:45

I'm sorry for anyones loss, it is tragic and I have personally experienced it. This feels like a conversation I've had a million times with people about guns. Some people can't believe that I carry all the time and that people having guns is why this world is so violent. I know there's no way to explain to somebody how I feel about it if that is their belief but I like to use this in response to their anti-gun talk. Guns kill people, just like pencils mispell words, spoons make people fat, and now I can add SidexSides flip themselves. I broke my back in an ATV accident in 2002. I still ride, it's what I love and I don't blame the ATV, I was the one riding it. Unless you own a Red 58' Plymouth Fury I think it's all on yourself not the manufacturer, unless something malfunctioned. You can always argue that something could be safer. I've gotta go now, I've gotta email Leatherman cause I cut my finger with my new knife.

#1 2008-05-01 10:10:53

Re: Roll over lawsuit

#2 2008-05-01 10:15:54

Re: Roll over lawsuit

#3 2008-05-01 11:11:06

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#4 2008-05-01 19:58:17

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#5 2008-05-02 07:28:45

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#6 2008-06-25 15:54:54

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#7 2008-07-14 22:56:44

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#8 2008-07-15 09:08:56

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#9 2008-07-15 22:13:45

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#10 2008-07-16 14:33:04

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#11 2008-07-21 03:34:54

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#12 2009-02-15 21:21:00

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#13 2009-02-16 16:51:45

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#14 2011-01-28 16:18:36

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#15 2011-01-28 21:14:45

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