Big Win for Yamaha in the court room!!!

[GlamisProwler]

BlOOMBERG ARTICLE

Sorry if this is a duplicate, i am work and just got this from a friend!!!

Big win for Yamaha Rhino

Yamaha?s Rhino Is Safe If Used With Care, Jury Told (Update1) - Bloomberg.com


Yamaha’s Rhino Is Safe If Used With Care, Jury Told (Update1)
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By Sophia Pearson and Rogayle Franklin

Aug. 27 (Bloomberg) -- Yamaha Motor Co.’s Rhino vehicle, which has been linked to 59 deaths in the U.S., isn’t a toy and is safe when used according to instructions, a company lawyer said at a trial over the death of a Texas teenager.

The Rhino, a cross between a golf cart and an all-terrain vehicle, is blamed by the family for the death of Forest “Eddie” Ray, 13, in 2007. The machine, weighing about 1,000 pounds and going up to 40 miles an hour, is safe for off-road use with reasonable care, Yamaha lawyer’s Jeffrey Hawkins told jurors today in Orange, Texas.

“Because there is a death, that doesn’t mean it’s defective,” Hawkins said in closing arguments. “This vehicle was tested for four years in every prototype stage. It was an important product for Yamaha, so they wanted to do it right.”

Yamaha, based in Iwata, Japan, the world’s second largest motorcycle maker, faces about 500 lawsuits in the U.S. on claims design defects and a lack of safety features cause the Rhino to roll at low speeds. In April, the company stopped selling the vehicle and offered free repairs on 145,000 units.

Lawyers for the boy’s parents said in the trial that the Rhino’s narrow stance, its height and lack of a rear differential gear, which aids in turning, make it unsafe.

Ray died in September 2007 after the Rhino he was riding rolled over in a turn from a field onto a paved road. His speed was 14 to 17 miles per hour (23 to 27 kilometers per hour), Ray’s attorney Troy Rafferty said.

‘Defective, Dangerous’

“The Rhino is defective and unreasonably dangerous, and Yamaha knew it for years,” Rafferty said in his closing. “They knew this would kill people.”

More than two-thirds of Rhino accidents investigated in the U.S. involved rollovers, according to the U.S. Consumer Product Safety Commission. In many of the accidents, drivers were maneuvering at relatively low speeds on level terrain, the agency said. In some cases, injuries required the amputation of arms, legs and fingers, it said.

Lawyers for Yamaha blame Ray’s death on operator error.

The vehicle’s safety recommendations warn against drivers under 16 operating the machine. A warning label also cautions that the vehicle is for off-road use only and must be operated with seatbelts and protective gear, lawyers for the company said during the trial.

The case is Ray v. Yamaha Motor Corp. USA, B070626-C, 163rd Judicial District, Orange County, Texas (Orange).

To contact the reporters on this story: Sophia Pearson in Wilmington, Delaware, at spearson3@bloomberg.net; Rogayle Franklin in Orange, Texas, at rogayle_franklin@yahoo.com.

Last Updated: August 27, 2009 15:01 EDT

[cnj]

Was there a judgement in Yamaha's favor in this case? All I could get out of the article was that lawyers for both sides made statements to the jury. Maybe I missed something? My fingers are crossed for Yamaha!!!

[GlamisProwler]

yes the whole story was not in that article sorry

try this site Truth About Rhino

[cnj]

Excellent news! Thanks for the update!

[GOPAPA]

When I was checking out which utv to buy I talked to a guy who sells Rhinos and he told me that Yamaha was not found guilty but they settled with adding spacers to the wheels to give them a wider tracking . I went with the Artic Cat because of this over the Rhinos .. I only was told this ,,but beings it was from a dealer I took it as truth .

[joes5091]

I still would NOT Buy one.

[Desertcat]

Two words AMERICAN MADE!!!!!! ARCTIC CAT

[GOPAPA]

Being a newbie to these UTV's and now a owner of a Artic Cat ,,how about some cross reference /or differences /likes and dislikes between these two UTV's .

My mind was made up to buy which ever came up (used)on CL and was hoping the Artic Cat came up first ,,and it did .. I liked the wide wheel base ,,but never did know how much wider than the Polaris is was,,if it is ?

Imput appreciated : gopapa

[joes5091]

Originally Posted by GOPAPA

Being a newbie to these UTV's and now a owner of a Artic Cat ,,how about some cross reference /or differences /likes and dislikes between these two UTV's .

My mind was made up to buy which ever came up (used)on CL and was hoping the Artic Cat came up first ,,and it did .. I liked the wide wheel base ,,but never did know how much wider than the Polaris is was,,if it is ?

Imput appreciated : gopapa

I have allways been a Yamaha Buyer until now I owned a Yamaha Grizzly 660 Very unstable! The Rhino with its narower track shorter length and lighter weight is a more sport UTV, My niece was in a Rhino that rolled and they were NOT driving crazy, I believe Yamaha Knows the Problem with the Rhinos and as with the Grizzly ( they have redone to correct the problem) I Broke both shoulders and 2 ribs on my Grizzly, I bought the Arctic Cat because it is made in the USA and its wider track longer wheel base and its weight. My wife and I know we feel Great about our purchase. In Yamahas defence you should NOT be able the drive like a NUT get hurt or killed and sue Yamaha, But thats another problem our Legal system. Thanks for hearing me out.

[sandchris]

All utv's have one thing in common. If you don't due your part in the equation someone can be hurt or killed. I truly think the ac is a more stable platform stock. But I think what it really comes down to is common sense. Another thing to consider is that the prowler seems to appeal to a some what more mature crowd which probably is huge on the accountability part.