Yamaha Rhino Defective, But Ohio Girl’s Death Caused By Driver: Jury
An Ohio jury has ruled that the Yamaha Rhino is a defective vehicle; however the jury said that the driver of the side-by-side ATV that rolled over and killed 10-year-old Ellie Sand in 2007 was the cause of her death, resulting in a defense verdict.
The mixed Yamaha Rhino lawsuit verdict will result in no monetary award to Sand’s family and is the sixth case won by Yamaha Motor Corp. over claims that their ATV is defective and prone to rollover. However, prior reports have suggested that Yamaha Rhino settlement agreements have been reached in more than 100 cases, allowing the manufacturer to avoid trial in some of the potentially stronger cases.
Ellie Sand died while taking a ride in a Yamaha Rhino at a church picnic in October 2007. According to evidence presented at trial, she was not wearing a helmet and it is unclear whether she was wearing a seatbelt. The Sand family alleged that design defects with the Yamaha Rhino made it unstable and unsafe, with a propensity to rollover.
Did You Know?
Millions of Philips CPAP Machines Recalled
Philips DreamStation, CPAP and BiPAP machines sold in recent years may pose a risk of cancer, lung damage and other injuries.
Learn MoreShortly after the Yamaha Rhino ATV was introduced in 2003, a large number of rollover accidents involving the vehicles began to be reported. In September 2006, Yamaha warned owners about the potential risk of Rhino rollover accidents, providing information about what consumers should do if the Rhino begins to tip over. However, critics argue that the Yamaha Rhino is an unstable, unreasonably dangerous vehicle and that the manufacturer failed to take steps that could have made the vehicles safer.
In 2009, the U.S. Consumer Product Safety Commission (CPSC) launched an investigation into the vehicle after at least 46 occupant deaths were linked with the Yamaha Rhino. The CPSC then pressured Yamaha to suspend sales of the Yamaha Rhino 450, 660 and 700 models to make safety improvements.
Following two days of deliberation, the state court jury determined that the Yamaha Rhino is a defectively designed vehicle, but they determined that the driver, Nils McElroy, was the proximate cause of Sand’s death, not Yamaha. McElroy served 90 days in jail after pleading guilty to vehicular homicide following the Yahama Rhino accident.
The child’s father, John Sand, has been an outspoken critic of the Rhino since this accident, creating a website (www.yamaha-rhino-information.com) in honor of his daughter that provided information about the dangers associated with the vehicle, including statistics, news and case information on the Yamaha Rhino litigation.
Ellie Sand was the 28th person to die on a Yamaha Rhino, according to information provided by John Sand. However, an additional 70 people have died since his daughter. According to a statement made to the Dayton Daily News, John Sand indicated that he hoped the finding that the Rhino was defective might result in further regulatory action by the U.S. CPSC.
The Sand family is considering an appeal, according to a report by Cinncinnati.com. During trial, Yamaha brought in its own court reports to brief its witnesses on what had occurred in the trial before they went on the witness stand, resulting in the company’s legal team being berated in court by the judge.
This case is only the seventh Yamaha Rhino accident lawsuit to reach a jury so far, out of several hundred complaints that have been filed in state and federal courts throughout the United States. Although the circumstances of each accident are different, all of the complaints involves similar allegations of design defects with the Yamaha Rhino.
Yamaha has been successful at trial in all of the cases, but one. A Georgia jury awarded $317,000 in a Yamaha Rhino trial in May 2010, involving a man who suffered severe leg injuries during a rollover accident. However, the manufacturer has confidentially settled Yamaha Rhino lawsuits brought as a result of more than 100 accidents, and they continue to negotiate in a number of other cases.
Most of the cases that Yamaha has allowed to reach a jury, rather than settling with the parties before trial, seem to have involved underage drivers or passengers, riders who were not using all of the available safety equipment or vehicles that were altered after they were sold.
UPDATE: The original post indicated that John Sand’s website was no longer on-line. The site is now available again, after being ordered down by the judge during the trial.
Get more articles like this sent directly to your inbox.
"*" indicates required fields
8 Comments
ottoApril 4, 2011 at 11:26 pm
Jason... What good is a "huge verdict" gonna do? For a "defective" item there are sure a lot more rhino owners that have never rolled their rhino compared to the ammount of people that have. My simple opinion is that PEOPLE should be held accountable instead of placing blame on a machine.
HarryMarch 30, 2011 at 9:41 pm
I don't see where doors would have saved anyone who was riding in the bed of the Rhino.
JasonMarch 30, 2011 at 2:54 pm
Well, Otto, the beautiful thing is that the Ohio jury found the Yamaha Rhino to be dangerous and defective. I have a copy of the verdict form, so there is no dispute about that. In the unique facts of the Sand case, the jury found that the dangerously defective product did not proximately cause Ellie Sand's death. In essence, the conclusion was that doors and better warnings would not have made[Show More]Well, Otto, the beautiful thing is that the Ohio jury found the Yamaha Rhino to be dangerous and defective. I have a copy of the verdict form, so there is no dispute about that. In the unique facts of the Sand case, the jury found that the dangerously defective product did not proximately cause Ellie Sand's death. In essence, the conclusion was that doors and better warnings would not have made a difference in THIS case and I don't necessarily disagree with that decision. However, it's a bit misleading for Yamaha to be sending out press releases suggesting that Yamaha had a complete victory in this trial. Once again, Yamaha LOST on the issue of whether the Rhino was dangerous and defective without doors and without adequate warnings....so, again, it's only a matter of time before Yamaha gets hit with a huge verdict.
ottoMarch 25, 2011 at 11:40 pm
Jason.... The driver is fully to blame. Its about taking acountability for ones actions. You cant blame a machine for killing someone when it is being controlled by a person. You would probably argue that a gun kills people, when in actuallity it is the person pulling the trigger. Todays society is one of " I can sue corporations or people and make big money" regardless of their actions leading u[Show More]Jason.... The driver is fully to blame. Its about taking acountability for ones actions. You cant blame a machine for killing someone when it is being controlled by a person. You would probably argue that a gun kills people, when in actuallity it is the person pulling the trigger. Todays society is one of " I can sue corporations or people and make big money" regardless of their actions leading up to an event. It is sad that a that someone died, but blame the driver, not the machine. What did John Sand intend to do with the millions he would have won? Luckily, he will never have the chance to find out.
JasonMarch 25, 2011 at 5:19 am
In this case, it sounds like the driver was definitely to blame -- at least in part. However, the truth is that Yamaha has a dangerous and defective product that it knew about before the product was ever released to the public. For those of you who own/ride Rhinos and defend the hell out of them, I guarantee if you saw some of Yamaha's internal documents, you would change your mind. Yamaha has [Show More]In this case, it sounds like the driver was definitely to blame -- at least in part. However, the truth is that Yamaha has a dangerous and defective product that it knew about before the product was ever released to the public. For those of you who own/ride Rhinos and defend the hell out of them, I guarantee if you saw some of Yamaha's internal documents, you would change your mind. Yamaha has acknowledged that quarter doors would protect against occupant injury, but they decided not to put them on because (a) they were too expensive and (b) they would encourage users to not wear their seatbelt. The CPSC effectively ordered Yamaha to make certain modifications by adding doors, grab handles and wheel spacers or, in the alternative, pull the product from the market. Yamaha employees, including a VP, have been seriously injured in tip-over or roll-over Rhino accidents that occurred on flat ground and at low speeds. They put on a real dog and pony show at trial, but the truth is that there are lots of examples of Yamaha's neglect and its sale of a dangerous product. Sooner or later, Yamaha is going to be hit with a ginormous verdict.....and my guess is that it will be very soon.
OttoMarch 24, 2011 at 4:21 am
Tammie, it is unfortunate that someone died as a result of the drivers carelessness, but please don't blame the vehicle. It cannot harm anyone unless someone is driving it. Where were the parents when this happened? Why was no one wearing a helmet?
OliveMarch 23, 2011 at 8:22 pm
"The driver didn’t have the opportunity to know the facts about the Rhino" HUH? What was he doing driving it WITH PASSENGERS if he was unfamililar with the vehicle? The DRIVER and YOU THE PARENTS are to blame for loss of this poor girls life. WHERE was her helmet and seatbelt? Would you have let her on the back of a motorcycle with an un experienced driver without a helmet? Stop blaming other[Show More]"The driver didn’t have the opportunity to know the facts about the Rhino" HUH? What was he doing driving it WITH PASSENGERS if he was unfamililar with the vehicle? The DRIVER and YOU THE PARENTS are to blame for loss of this poor girls life. WHERE was her helmet and seatbelt? Would you have let her on the back of a motorcycle with an un experienced driver without a helmet? Stop blaming others. I have a Yamaha Rhino for the past 4 years and drive it real aggresive. I have yet to roll this machine. Of course I WEAR THE PROPER SAFETY GEAR when I ride it.
tammie sandMarch 23, 2011 at 9:58 am
It is absolutely NOT true that the driver pleaded guilty in this incident. The court documents will show otherwise. It is most unfortunate that the article that you quoted from misstated the TRUE FACTS. But that is the media for you always trying to sensationalize a story to sell a paper. The driver didn't have the opportunity to know the facts about the Rhino IT"S DEFECTIVE. Yamaha did and th[Show More]It is absolutely NOT true that the driver pleaded guilty in this incident. The court documents will show otherwise. It is most unfortunate that the article that you quoted from misstated the TRUE FACTS. But that is the media for you always trying to sensationalize a story to sell a paper. The driver didn't have the opportunity to know the facts about the Rhino IT"S DEFECTIVE. Yamaha did and they chose not to share that with their customers. So when you have a dead child and a driver of a vehicle who gets blamed? The driver, of course. The truth will continue to come out and I believe the Rhino as we know it will not exist someday. Sadly not soon enough for some.