Texas Woman Sues Yamaha for Rhino ATV Accident Injuries
The Yamaha Rhino has been named in another personal-injury lawsuit, this one filed by a Texas woman who says she was hurt while riding in one of the popular all-terrain vehicles (ATV).
Krissi Henry accuses Yamaha Motor Corporation, Yamaha Manufacturing, and Yamaha Motor Company of marketing a vehicle that was dangerously defective and unfit for riders. Henry and her husband, Jason, filed their lawsuit this week in the Texarkana Division of the Eastern District of Texas, according to a report in the Southeast Texas Record.
According to the lawsuit, Krissi Henry suffered an undisclosed injury to her right leg when the ATV in which she was riding “rolled over toward the passenger side” as the vehicle was being driven on mostly flat terrain.
The narrow wheel base and high center of gravity of the Rhino contributed to the rollover accident, Henry claims.
“The Yamaha Rhino ATV was placed in the stream of commerce in a defective condition, unreasonably dangerous to the users thereof, and not fit for its intended use and reasonably foreseeable purposes,” the complaint alleges.
The lawsuit alleges Yamaha and its affiliates negligently failed to adequately warn riders of the dangers of the vehicles and did not provide safe operating instructions. The couple also alleges violations of strict liability, negligence, and breaches of express and implied warranties in the marketing of Yamaha Rhinos.
The Henrys are seeking financial damages for the costs of their health care expenses, physical pain and suffering, mental anguish, physical disability and impairment, disfigurement, lost wages, loss of wage earning capacity, loss of consortium, loss of household services, pre and post-judgment interest, according to the Record report.
Rhino Suits, Recalls
Yamaha Rhinos have been the subject of thousands of lawsuits and numerous product safety recalls and warnings in recent years. Since the four-wheel vehicles first appeared in the U.S. in 2003, more than 120,000 have been sold, according to the lawsuit.
There are so many lawsuits against Yamaha for Rhino injuries that the cases have been consolidated into what is called a multidistrict litigation action assigned to a Kentucky federal judge. In almost every case, plaintiffs say they were hurt when the narrow wheelbase and high center of gravity forced the Rhino to roll over, pinning riders and resulting in painful broken legs, arms, head injuries, and other problems.
In March 2009, Yamaha recalled 120,000 of its Rhino ATVs after the vehicles were linked to scores of rider deaths and injuries. The vehicles were ordered returned to Yamaha dealers so necessary repairs could be made in an effort to reduce the risks of rollover accidents.
In August 2007, Yamaha offered to install doors and additional passenger handholds on Rhinos manufactured in the previous four years. Those upgrades were made available to owners of new and used Rhinos and installed free of charge.
Still, Yamaha has repeatedly denied that its Rhino ATVs are defective and has blamed riders for modifying the vehicles, speeding, or driving in an unsafe manner on uneven ground and causing accidents.
“The subject side-by-side off road vehicle was designed, manufactured, marketed, distributed, and sold in compliance with all applicable standards, codes, regulations, and state of the art,” Yamaha said of its controversial Rhino ATVS in a statement issued as part of court proceedings.
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They say that, “The narrow wheel base and high center of gravity of the Rhino contributed to the rollover accident”. Could it also be that the driver of the vehicle had something to do with it rolling over….? I own a Rhino and you really have to be a complete idiot to roll one over. So what, I could drive my truck out across my yard, cut the wheel doing 30mph, and when it flips sue General Motors for my stupidity…? COME ON! These people are just money hungry scavengers.
The problem is with the rollovers that occur at low speeds, not reckless driving.