First Yamaha Rhino Trial Begins in Texas

The first of hundreds of personal-injury lawsuits filed against Yamaha Motor Corp. accusing the company of marketing defectively dangerous Rhino all-terrain vehicles is now underway in Orange County, Texas.

Legal watchers have their eyes trained on the courthouse about 50 miles east of Houston, since the way the lawsuit proceeds and of course the verdict reached could have a huge effect on how other similar lawsuits pending against Yamaha across the United States will go. Testimony in the trial began August 18 before a jury of eight men and five women. Judge Buddy Hahn of the 163rd Judicial District is presiding, according to a report in the Southeast Texas Record.

The Rhino is one of the most popular models of four-wheelers or ATVs. The vehicles are used for recreational riding and as farm or ranch equipment. The top-heavy vehicles have a propensity to roll over, even when being driven safely at low speeds on flat terrain, causing broken bones, head trauma, and other injuries to drivers and passengers.

Just last month, the Consumer Product Safety Commission said it has received reports of about 60 deaths involving the 450, 660 and 700 Rhino models. The commission urged Rhino drivers to be extra careful in operating the vehicles to reduce the risks of injury and death.

In March, Yamaha recalled 120,000 Rhinos due to ongoing reports of deaths and injuries to drivers and passengers.

13-Year Old Died in Rhino Accident

The Texas lawsuit involves the death of 13-year-old Forest “Eddie” Ray, who was killed while operating a Yamaha Rhino. Ray’s parents accuse Yamaha of marketing a product that was “defectively designed” and prone to roll-over accidents like the one that killed their son.

The parents’ suit further claims that Yamaha skimped on costs and did not install safety equipment, such as rear-wheel deferential gears that would better distributed drive shaft power to the wheels and avoid deadly roll-over accidents.

Ray was crushed beneath a Rhino, which flipped over while he was driving the vehicle and turning from grass onto a paved road, according to court testimony.

Yamaha Defends Rhino Safety

Yamaha officials defend the Rhino and say it was meant to be an “exclusively off-road vehicle” not meant for driving on paved roads. Given that, installing rear-deferential would in fact make the Rhino more dangerous, according to testimony from a Yamaha engineer.

Yamaha also questioned whether a 13-year-old boy should be driving a vehicle that can go as fast and is as powerful as some small automobiles. The Rhino, the company contends, is only for drivers age 16 and older using proper safety equipment. At the time of the accident, Ray was not wearing a helmet or seatbelt, the company said.

Court Ruling Keeps Suit on Track

The landmark trial almost didn’t happen.

As the opening of the trial approached, lawyers for Yamaha tried to force the suit into arbitration after discovering an arbitration agreement the parents signed with the Rhino dealer. However, the Ninth Court of Appeals of Texas ruled against Yamaha’s request and found the company had waived its right to arbitration, according to the Record.

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