Yamaha lawsuit over Rhino

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Parents of boy killed on ATV suing maker

http://www.news-journal.com/news/content/news/stories/09072007_atv_lawsuit.html
Mod note: Dead-end link

By RANDY ROSS

Friday, September 07, 2007

The parents of a 9-year-old boy killed in an all-terrain vehicle rollover wreck have filed a wrongful death lawsuit in Wood County district court against Yamaha Motor Corp.

Jeremy Todd Crow Jr., or J.T. Crow, was a passenger on a Yamaha Rhino 450 in June, the lawsuit states. A "slow speed" turn caused the vehicle to roll, and the lawsuit claims the lack of vehicle doors resulted in J.T. being ejected from the vehicle even though he was wearing a seat belt. The boy was pinned underneath the vehicle, resulting in severe head trauma. He was pronounced dead at an emergency room in Jasper.

A call requesting an interview with the family and a call to the legal offices of Yamaha Motor Corp. for comment were not returned Thursday.

The lawsuit claims that the Rhino is "excessively prone to roll over during turns even at low speeds because of inherent flaws in its design," and that the boy's death and damages to his family were caused by the defective vehicle and corporate negligence.

"Yamaha has been aware for years of serious injuries and deaths of drivers and passengers in roll over accidents, yet has not modified the Rhino's design to correct for its stability problems," said attorney Fabrice Vincent of Lieff Cabraser Heimann & Bernstein, a national law firm.

In August, Yamaha announced an offer to install doors and passenger hand-holds for the Rhino free of charge in response to the risk of injury during rollovers, according to a written statement from the Lieff Cabraser law firm.

Crow's parents, Jeremy and Heidi Crow, are seeking compensation for medical and funeral expenses, mental anguish, loss of companionship and loss of care and support J.T. Crow might have provided the family had he lived.

http://www.kltv.com/Global/story.asp?S=7053956

Posts: 33 · Bronze Member Joined: 23 Jul 2007 Posts: 33 Pictures: 0

I can't comment on the rhino itself, but what "slow speed" turn can throw an occupent out of the vehicle when they are wearing their seatbelt. A rhino is still safter than an atv.

Even if a vehicle is prone to rolling it is up to the operator to understand the vehicles operating envelope. You can roll anything, especially offroad if you don't know how to drive.

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Nobody can take blame for anything, wtf?? girl was 12 Shocked

driving and both UNDERAGE KIDS (9 and 12) wearing no helmets Shocked

????? How can you even sue over that? ohhhhhh wait, this countries outstanding most highly respected JUDICIAL system allows it and never fails America, this is why America is going further down the toilet, incompetent and ignorant people.

"J.T.'s mother says she had no idea how dangerous the Rhinos were until she started researching other reports of injuries. Crow says the ATV's top-heavy design and small tires make it especially prone to rollovers. That's why Crow and her husband are filing a wrongful death suit against Yamaha."

KLTV reports

once again, lets blame YAMAHA shall we?

Posts: 159

this country is lawsuit crazy i worked as an emt for 3 and 1/2 years and even though we had laws to protect us lawsuit was still a threat i got to ride in a rino yesterday and didnt notice if it had seatbelts anyone know they should and if so why werent they wearing them its sad that the boy lost his life and my heart goes out to his family but it seems that no one wants to take responsibility for they're own actions anymore

Frank

Posts: 3560

Yes Rhinos come with seatbelts. And anything can rollover at slow speed, even a tank, given the right terrain. Been there, done that. Design flaws? Maybe the Rhino isn't designed to fit a 9 year old...so what is? That's what child seats and boosters are for. I'm also quite sure the owners manual is pretty explicit about NOT allowing operation by underage drivers under any circumstances.

If the Rhino is prone to tipping over when operated by inexperienced and underage drivers, what's that say about the design and engineering of a motorcycle?? Doesn't anybody sue Honda, Kawasaki, Harley, etc when a preventable accident occurs on a 2-wheeler....or is it just that it doesn't make the papers because EVERYone knows and understands how unstable they are?

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Ryan, it's not an inferior product because it turned over. It was operator error.

1st of all they don't define "slow".
2nd, as many have said, the operator should have known.
If he/she didn't then their parents are at fault.

It's unfortunate, very unfortunate, but people have free will and need to take responsability for their actions or inactions. It's an off-road vehicle for goodness sake. It's not a walker.

-

Posts: 1832

Its always very sad to hear of a child dieing, in this case as the result of an off-roading accident. Many of us here and me most certainly are very fortunate to have escaped serious injury or death from a motorsport mishap. I pray none of us here will have to suffer the loss placed on this childs family. Pray

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