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Monday September 6, 2010

Defective Products

Yamaha Rhino – the off-road rollover danger

The Yamaha Rhino ATV, an $11,000 side-by-side all terrain vehicle, is extremely unsafe because it rolls over even when operating at low speeds. Many injuries and deaths have occurred due to the defective design of the Rhino. There are widespread reports of broken legs, particularly the tibia bone, which occur as a result of the vehicle rolling over due to its unsafe design. Victims with broken tibias are often out of work and are forced to go through extensive physical therapy to regain function in their leg. A vehicle’s stability, or propensity to remain on all four wheels during maneuvers, can be influenced by a number of factors. The design of the vehicle should be such that it does not roll over due to things such as high center of gravity. Torque force is applied to the vehicle when going around corners and can topple vehicles with faulty design. The Yamaha Rhino all terrain vehicle has been linked with many rollovers due to the following properties:

  • The Yamaha Rhino is narrow, and wider vehicles can be more stable
  • The Yamaha Rhino is top-heavy and therefore has a high center of gravity
  • The Yamaha Rhino has small tires, and small tires give the vehicle less of a platform for stability

Are drivers to blame for the accidents?

When confronted with the mounting injuries of Rhino drivers and passengers, Yamaha has simply blamed them for their own injuries. The following statement is from Yamaha:

“While the Rhino has been a reliable and versatile vehicle, some operators have engaged in aggressive driving (such as sliding, skidding, fishtailing, or doing donuts) or made abrupt maneuvers (such as turning the steering wheel too far or too fast) that have resulted in side rollovers – even on flat, open areas. Unfortunately, some occupants have been seriously injured during such rollovers when they put their arms or legs outside the vehicle, resulting in crushing or other injuries.”

Yamaha Offers Free Doors And Handholds But Refuses To Admit Vehicle’s Unsafe Design

Without admitting that the Rhino’s design is defective, Yamaha developed doors and passenger handholds for the Rhino and is offering them to owners of the 2004-2007 ATV models free of charge. The company claims that these features will help the people in the vehicle keep their limbs inside the vehicle during a rollover. While these features may indeed offer extra protection in the case of a rollover, the rollovers should not be happening as frequently and are due to defective vehicle design. Yamaha is making the offer of these features sound as though they are a “special offer,” rather than the installation of safety features that should have been present from the beginning. Furthermore, Yamaha should admit that the core design of the Rhino is defective. Instead, the company has dealt with the safety problems with such things as a sticker for the dashboard of the Rhino encouraging “responsible use” of the vehicle. A sticker cannot overcome defective vehicle design. The sticker contains statements that admit the vehicle’s propensity to roll over, such as:

IF YOU THINK OR FEEL THE RHINO MAY TIP OR ROLL:

  • Brace yourself by pressing your feet firmly on the floorboards and keep a firm grip on the steering wheel or handholds.
  • Do not put your hands or feet outside of the vehicle for any reason.
  • These warnings put the blame for defective design of the Rhino on the driver and passenger of the vehicle and assume that the occupants have time to prepare for a rollover in advance of such an accident.

Rhino Doors And Handholds

In August 2007, Yamaha instructed Rhino dealers to install its new doors and handholds on models dating back to the Rhino’s introduction in 2003. The models affected include:

  • 2004 Rhino 660 – YXR660
  • 2005 Rhino 660 – YXR660
  • 2006 Rhino 660 – YXR660
  • 2006 Rhino 450 – YXR450
  • 2007 Rhino 660 – YXR660 without doors
  • 2007 Rhino 450 – YXR 450 without doors

The newest Rhino models come with the doors and handholds already installed. As part of the installation of the new features on the older models, Yamaha sent letters to registered Rhino owners offering the features. The company also sent out adhesive stickers for the dashboard of the vehicle and a supplementary owner’s manual pamphlet.

While Yamaha’s door and handhold kits may increase the safety of the Rhino if an accident does occur, the Rhino’s defective design will continue to cause it to roll over at a higher rate than if the vehicle had a safer design. Many accidents have been caused by the Rhino’s top heavy and narrow design set on narrow wheels. These factors have led to accidents on flat terrain at low speeds as well as on rugged terrain at high speeds. When these vehicles roll over, occupants are subject to serious injuries because they do not have the metal and steel protection that they would in a car accident. Accident victims can be pinned underneath the vehicle and sustain serious injuries and death. While the doors and handholds may offer some protection, the roll over rate remains unacceptably high.

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