ATV Dealer Sued For Failing to Make Yamaha Rhino Repairs

A Yamaha Rhino dealer has been sued in West Virginia state court over serious injuries sustained in an ATV accident, which the plaintiffs allege could have been prevented if the dealer had installed after-market doors and passenger handholds.

The plaintiffs, Lisa Edens Crowder and David Crowder Jr., filed their Yamaha Rhino lawsuit on March 27, 2009 in Kanawha Circuit Court against Hidden Trails Recreational Vehicles, Motorcycles and Trailers, a local ATV dealer.

Lisa Edens Crowder purchased a Yamaha Rhino 450 from Hidden Trails ATV in May 2007. At the time she bought the vehicle, Yamaha was selling the side-by-side ATV without small passenger doors that are now included on the Rhino.

Yamaha Motor Corp. began offering aftermarket doors and additional passenger-side hand holds in August 2007, in response to a growing number of complaints about Rhino ATV rollovers where drivers and passengers were suffering serious injuries when their arms or legs were crushed under the weight of the vehicle.

The additional safety features were designed to help riders keep their limbs inside the vehicle in the event of a rollover.

According to the Crowder’s complaint, they attempted to schedule an appointment for the new safety features to be added in September 2007. However, they were notified by Hidden Trails that the safety modifications could not be made at that time and the plaintiffs were told that they would be contacted when the ATV dealer was able to schedule the free repairs.

In October 2007, David Crowder suffered severe injuries to his leg when their Yamaha rhino rolled over. As the ATV began to tip over, Crowder involuntarily stuck his leg out in an attempt to stabilize the vehicle. However, the weight of the Rhino crushed his leg, leaving him with severe and permanent injuries.

Since it was introduced in 2003, the Yamaha Rhino has been plagued with safety problems which make it prone to rollover, even when operated at slow speeds on relatively flat surfaces.

Yamaha Motor Corp. currently faces over 200 Rhino lawsuits which have been filed directly against the manufacturer alleging that similar injuries were caused by design defects with the vehicle. The Rhino has a high center of gravity with a narrow wheel base and a powerful engine, which makes it unstable.

On March 31, 2009, a Yamaha Rhino recall was issued for approximately 145,000 Rhino 450, 660 and 700 model ATV due to the continuing rollover problems.

Owners were urged to stop using the vehicles until additional repairs can be made to install a spacer on the rear wheels and remove the rear anit-sway bar to increase stability. In addition, Yamaha indicated that they also intend to install the half doors and passenger handholds on Rhinos where the owners did not take advantage of the prior offer from August 2007.

Although several weeks have passed since the Yamaha recall notice was issued, many owners still report that they have been unable to schedule the repairs with local Rhino dealers and are unable to use of their vehicles.