Safety Flaws In Yamaha Rhino "Changed My Life Forever," Californian Charges In Latest Personal Injury Lawsuit Against Yamaha
Santa Ana, CA, January 9, 2009 -- Robert J. Nelson, of the national plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP, announced that Troy Bithell of Fontana, California, filed yesterday a personal injury lawsuit against Yamaha Motor Corporation. Bithell alleges that the Yamaha Rhino side-by-side lacks safety features necessary to protect occupants from injury in an accident and is dangerously unstable. The complaint was filed in California state court in Orange County, where Yamaha has its U.S. headquarters.
Bithell, a 44-year-old husband and father of four, had his leg severely crushed on February 18, 2007, when the 2007 Yamaha Rhino he was driving tipped over. Despite being belted, when the Rhino tipped over, the vehicle's unpadded roll cage landed on his left leg, leaving Bithell with a tibial fracture and a large open wound. As a result of the devastating injury, Bithell underwent three surgeries and skin grafts to help reconstruct the muscle and skin tissue that was critically damaged. Even with these medical treatments, Bithell's leg remains disfigured and he experiences daily pain.
"I could have never have imagined how the Yamaha Rhino would change my life," Bithell stated. "During a family camping trip, my daughter and I were riding in our new Rhino in Johnson Valley on the dry lakebed. I turned the Rhino to head back to the camp site. In an instant, the Rhino tipped over and crushed my lower left leg."
Bithell added, "Although almost two years have passed since the tip over and several surgeries later, I still experience pain in my leg on a daily basis and suffer from permanent disfigurement. Yamaha must take responsibility for the design defects and stability flaws of the Rhino that changed my life forever."
The Yamaha Rhino was introduced to the market without passing any government safety tests as no safety standards had been developed then or subsequently. The complaint charges that when a Yamaha Rhino tips over, often the occupants' legs, feet, hands and arms come out of the vehicle due to centrifugal force and are crushed and destroyed. With a dry weight of over 1,000 pounds, the injuries can be severe and, as in Bithell's case, result in permanent disfigurement.
"Despite hundreds of Rhino rollover accidents resulting in devastating arm and leg injuries, and at least 36 fatalities, Yamaha has not issued a recall of the vehicle," stated Robert J. Nelson. "Inexpensive alternative designs as well as feasible modifications that would substantially improve the Rhino's occupant safety and core stability are available and should be promptly undertaken by Yamaha."
The complaint alleges that the Yamaha Rhino contains multiple design and engineering flaws increasing the likelihood of severe, even fatal, injuries to occupants in the event of an accident. The allegations include that the Rhino is equipped with defective doors, inadequate seat belts, and a dangerous roll cage. In many accidents, occupants have been ejected from their Rhino due to its deficient seat belt system and then suffered a fatal or catastrophic injury because they were struck by the vehicle's heavy, unpadded, steel roll cage.
The complaint further alleges that the Yamaha Rhino is dangerously unstable. As alleged, the Yamaha Rhino is prone to tip over due to its top-heavy design, dangerously narrow track width, high center of gravity, wheels that are too small to maintain stability, and steering geometry that facilitates rollovers and tip overs even at low speeds and on flat terrain.
Persons injured in Yamaha Rhino accidents should visit www.yamaharhinorolloverandrecall.com, a website operated by Lieff Cabraser, to learn more about the dangers posed by the Yamaha Rhino and obtain a guide to their legal rights. Lieff Cabraser personal injury lawyers will promptly review each case submitted without charge or obligation.
Source/Contact
Robert J. Nelson
Lieff Cabraser Heimann & Bernstein, LLP
(415) 956-1000
