Lawsuit Over Yamaha Rhino Rollover Accident Results in $317K Verdict

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A Georgia jury has awarded $317,000 in a lawsuit filed by a man whose leg was injured during a rollover accident with the Yamaha Rhino ATV. The award is the first plaintiff’s verdict out of hundreds of pending lawsuits over Yamaha Rhino accidents filed throughout the United States on behalf of riders who allegedly suffered severe or fatal injuries as a result of a design defect that makes the ATV prone to rollover.

Roger and Glenda McTaggart filed the personal injury lawsuit against Yamaha after Roger McTaggart’s Rhino tipped over on him during a right turn, causing injuries to his left leg. According to the Yamaha Rhino lawsuit, McTaggart was wearing a seatbelt and was driving at low speed on level, grassy terrain when the rollover accident occurred.

As a result of his Yamaha Rhino rollover accident, McTaggart incurred medical expenses of about $13,500.00. Following a two week trial in Georgia state court, a Gwinnett County jury awarded $317,000 in compensatory damages.

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The allegations raised at trial echo those that will be presented throughout other cases involved in the Yamaha Rhino litigation.

Plaintiffs claim that design problems with the Yamaha Rhino make the vehicle prone to rollover due to the combination of a small wheel base, narrow turning radius, high center of gravity and powerful engine. They also claim that the ATV, which has been found to rollover on flat surfaces at speeds as low as 13 miles per hour, lacked safety features which would reduce the risk of injury in a rollover accident.

The only other Yamaha Rhino case to go to trial ended in a defense verdict in August. In that Yamaha Rhino trial, which involved fatal injuries sustained by a 13-year old boy who was operating the off-road vehicle without a seatbelt or helmet, the jury found that design problems with the ATV were not responsible for the crash because of several after-market modifications were made to the vehicle.

All federal lawsuits against Yamaha Rhino are currently centralized for pretrial proceedings as part of an MDL, or multidistrict litigation, before Judge Jennifer B. Coffman in the U.S. District Court for the Western District of Kentucky. The first Yamaha Rhino trials in the MDL, which are known as “bellwether” cases because they are used to gauge how jurors will respond to evidence that will be presented throughout the litigation, were scheduled to begin in October 2010. However, according to recent court documents, the first trial has been pushed back to January 2011.

Tags: ATV Accident, Defective Product, Product Liability, Rhino, UTV, Wrongful Death, Yamaha, Yamaha Rhino
Image Credit: 2008 Yamaha Rhino 700

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6 Comments

Marty
Why would folks criticize harm to a young person? They are probably bloggers and PR folks hired by Yamaha. Why would this “Darren” and “Cameron” and “Christopher” become so defensive? It’s just a sham. If a product is dangerous, as the jury believed, a company ought to be punished or at least a victim compensated. Yamaha has won other trials, so it’s all in balance.
Coco
Good for you Mr. McTaggart!! Yamaha canot keep hiding behind their blatant lies….the Rhino is bad news, period. How do they explain having to recall them all to put doors on them AFTER hundreds of accidents?? If that’s not admitting there was a design flaw I don’t know what is!!!!!!!!!!!
Christopher
Greg, the only design flaw is that you obviously didn’t teach your daughter anything, and apparently still haven’t learned anything yourself as you continue to propagate your ignorance. According to you, she was riding without a seatbelt and with “two passengers riding in the cargo bed”. WOW, she was injured after placing HERSELF in this predicament???? Go figure. All of you bleeding heart not responsible for your own damn actions sue happy idiots out there are what are ruining this great country.
cameron
I say BS!…….is it more dangerous than a skateboard or motorcylce? NO!!!!!! its way safer, you unresponsible americans are always triing to pass the blame for your mistakes and lack of responsibility and also the point that as a parent you didn’t properly instruct your child how to drive,nor did you properly supervise her as you stated. Jurors need to realize and go drive a rhino for themselves, if its more dangerous than a bike or skateboard or motorcyle then barrack obama is a US citizen!…..stupid americans,makes me sad for our country with irresponsible people like these guys sueing for their lack of driving skills………….
Darren
Umm Greg, your daughter was not wearing her seatbelt and 2 people where riding in the cargo bed…..give me a break, It not yamahas fault that they were irresponsibly using the rhino
Greg
Congrats Mr. McTaggart, I’m glad to see someone is able to make Yamaha pay for their obvious design flaws. My seventeen year old daughter was serverly injured in a rollover involving a Rhino in October 2008. Even though there were two passengers riding in the cargo bed, I’m glad they were there to lift it off of her, If not things could have been a lot worse. She was not wearing a seatbelt, but if she had been I think she would have lost her arm. It just makes me sick at my stomach to think about what she has been through and the life long scars she has to live with from now on, not to mention the pain and limitations she has. Enough about our problems, hope to hear more success stories like yours. I know it doesn’t make up for the pain and suffering you’ve been through!

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