ATV Rollover Lawsuits, including Rhino and Polaris

Madison, WI: Their stories are heartbreaking: parents who have lost children in ATV rollover accidents. No matter how long ago the accident occurred, these parents deal with the grief every day of their lives. They wonder how the accident could have happened and despair that they should have done something, anything, differently to prevent the accident. Of course, they cannot go back in time and fix what has happened, but they all want to ensure that what they have gone through does not happen to another family. [ Read More ]

Twain Harte, CA: There is little doubt that Americans love their Yamaha Rhinos. They're cute, and carry the potential to be personalized with a myriad of available accessories. Rhino aficionados gather for 'Rhino Rides' where customized machines are displayed with all the pride of a new father. But either these people are oblivious to the risk, or are thrill-seekers who just don't give a hoot about the danger and risks associated with ATV crashes. [ Read More ]

Minneapolis, MN: One of the few positives about the end of summer is a lessening in the number of ATV accidents that are reported. During summer months, and into the fall, ATV accidents occur on a daily basis. Some of the accidents are not fatal, but too many are. And still, despite the high number of ATV accidents, ATV makers do not seem to be at all interested in making their products safer or adequately warning ATV users about the risks. In fact, many manufacturers only make their products safer when they are forced to, either by law or by lawsuits. [ Read More ]

Since 2000, countless defective product lawsuits have been filed against ATV manufacturers and distributors, often because they had the opportunity but failed to warn of potential injuries. For example, the most Yamaha did was to send out a notice to Rhino owners letting them know they can get free doors and emergency handholds installed in their defective vehicles at dealerships.



In February 2008, a woman filed a lawsuit against K&T Motors in Maryland and Yamaha Motor Corporation after her Yamaha Rhino ATV rolled over during a routine maneuver that caused her right hand to become crushed. More than six states and Canada have lawsuits filed alleging that the Rhino 2004 to 2007 models contain a defect in its design that makes it more prone to rollover when making turns. According to some of these lawsuits, the vehicle has even turned over when making turns at low speeds. The injuries that occur are broken and crushed legs, peeled skin, legs and arms that have had to be amputated and even death

A Fort Lauderdale man was killed in a 2006 ATV accident when his Polaris Scrambler stuck and caused him to crash into a building. His brother sued Polaris Inc. and the man who sold the family the ATV. The lawsuit claims that Polaris failed to warn consumers that the throttle had a propensity to stick and the seller failed to disclose that the all-terrain vehicle had been recalled because of throttle problems.

In June 2007 the Consumer Product Safety Commission (CPSC) issued a warning about the Kazuma Meerkat 50, a four-wheel all-terrain vehicle designed for children, calling it "defective and dangerous." However, the vehicle was not recalled, due to the agency's lack of commissioners required to approve a lawsuit needed to force a recall. More recently, consumer groups have tried to ban ATVs from children younger than 16, but the ATV industry said it could not be enforced.

It isn't easy to get a dangerous product off the market and ATVs in particular have proved difficult for the CPSC to regulate. About 22 million people ride ATVs in the U.S. and more than 700 die in ATV accidents each year, 25 percent of whom are younger than 16. Most of the ATVs involved are made in the U.S. by companies such as Yamaha, Polaris and Honda.

Although accidents happen in any vehicle, ATV design defects have caused limbs to be crushed and even death in all-too-frequent rollovers. Consumer advocates blame the injuries and deaths on weak voluntary standards. Many ATV rollover accidents are caused by unstable design. For instance, the Yamaha Rhino was designed with its high center of gravity too high, making the vehicle dangerously unstable. The makers of Polaris (which issued a recall in 2005) have been accused of not warning customers that the throttle had a propensity to stick.

Product Liability means an injury by a product. It comprises negligence, strict liability and/or breach of warranty. Product liability lawsuits vary by state and not all provisions apply in every state.

Design defects are errors caused in the initial product design that make the vehicle dangerous. The injured party must show that the harmful product was defectively designed and often needs to show that a safer alternative design was available and feasible.

Manufacturing defects are flaws that occurred during the manufacturing process and the manufacturer is at fault if a defect results in injury, no matter what safety steps were in place during the process.

Failure to Warn Manufacturers must warn customers of any dangers that are not obvious, and instructions for proper use. If the consumer hasn't been satisfactorily warned, this could mean the manufacturer knows of a potential hazard regarding its product but neglects to tell the consumer and could be the cause of the user's injuries.