Yamaha Rhino Rollover & Recall
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Yamaha Profits Down, Charge for Lawsuits in U.S.
 by
Carter P. Spohn

According to a February 5, 2008 Bloomberg report, Yamaha Motors expects its first profit drop in eight years. Reasons cited for the drop in profits include decreased demand for motorcycles and ATVs in the United States due to the downturn in the economy and decreased consumer spending, as well as a charge for liability costs related to lawsuits involving the Yamaha Rhino all-terrain vehicle (ATV) in the U.S.
 
According to the Bloomberg report:

U.S. Lawsuits
Iwata City, Japan-based Yamaha's fourth-quarter profit plunged 79 percent as it took a one-time charge for liability costs related to its U.S. unit. Yamaha took a 15.5 billion yen charge to cover potential costs from lawsuits in the U.S. related to its Rhino all-terrain vehicles.

15.5 billion yen is equivalent to approximately $145,000,000. 
 
Yamaha has been reluctant to acknowledge that there are definite design problems with the Yamaha Rhino ATV, refusing to initiate a recall even after hundreds of riders were seriously injured in rollover accidents. Rhinos manufactured before 2008 did not have doors or leg restraints. When the vehicle rolls or tips over, the driver or passenger’s leg would often be crushed under the thousand pound weight of the vehicle. Some of the injuries were so severe that amputation was required. Others suffered severe injuries to their hands and fingers when they instinctively grabbed the roll bar during a tipover or rollover. The Yamaha Rhino has also been associated with fatalities, many of which have involved children. Fatal accidents involving the Rhino have usually occurred when the driver or passenger have been thrown from the vehicle and were subsequently crushed under the vehicle during a rollover.
 
In August of 2007, Yamaha initiated a “special offer” for Rhino owners, offering to install doors and passenger handholds on all 2004-2007 Rhinos, whether purchased new or used. Owners were also given new warning stickers to place on the Rhino and a new manual. Yamaha did not, however, initiate a recall of the Rhino, and many felt that Yamaha’s attempts to resolve the problems with the Rhino were simply too little, too late. Many owners who attempted to have their vehicles fitted with the new doors were told that the demand exceeded the available supply, and that the doors were on back order.
 
Rhinos manufactured in 2008 will include driver and passenger doors, as well as passenger handholds. However, Yamaha has not taken action to address the inherent instability of the Rhino, which is the underlying cause of its propensity to rollover. The Rhino has a narrow wheelbase which is 54.4 inches in width, and a high center of gravity, with a height of approximately six feet. The high center of gravity, combined with the narrow wheel base makes the Rhino susceptible to tipping or rolling over, even at low speeds. The narrow wheel base of the Rhino has actually been touted by Yamaha for marketing purposes; Yamaha has marketed the Rhino as a vehicle that easily fits within the bed of a standard pick-up truck.
 
Serious accidents have occurred even when the Rhino has been operated at low speeds. Some drivers have assumed they are responsible for the injuries to themselves or their passengers, unaware that their accident is not an isolated incident, and that hundreds of others have been similarly injured due to the design problems with the Rhino.
 
Some who have been injured in Rhino rollovers have waited to seek legal advice. If you have been injured in an accident involving a Yamaha Rhino ATV, you need to consult with an attorney experienced in handling ATV rollover cases immediately. Failure to act promptly could result in your claim being barred by the statute of limitation, leaving you without the option of being able to file a lawsuit to enforce your claim. We have spoken to several injured Rhino enthusiasts who suffered permanent, disfiguring injuries in rollover accidents, but waited too long to seek legal advice. Unfortunately, once the statute of limitation has run, you cannot file a lawsuit to recover for your injuries. Preserve your rights and seek legal assistance immediately.
 
If you or a loved one have been injured in an accident involving a Yamaha Rhino ATV, contact Magaña, Cathcart & McCarthy by e-mail or call (800) 742-1019 immediately for a free, confidential case evaluation.