Yamaha's Rhino: For Some A Deadly Ride

Exclusive CBS News Investigation Finds 59 Deaths, Hundreds Of Injuries Linked To Yamaha's Off-Road Vehicle

(CBS)  By CBS News contributor Myron Levin

In the swath of Kentucky called the Land Between The Lakes, the Turkey Bay Off-Highway Vehicle Area is a rugged expanse of hills and woodlands crisscrossed by 100 miles of trails. Test drivers came here in July, 2002, to try out the Yamaha Rhino, a new breed of off-road vehicle then in development, and had a mishap that would resonate years later.

Keisuke "Casey" Yoshida, president of a U.S. subsidiary of Yamaha Motor Co. Ltd., was behind the wheel of a Rhino prototype. Ike Miyachi, a company vice president in charge of Rhino development, rode beside him in the passenger seat. After descending a long hill to flat ground, the Rhino tipped over, giving Miyachi a foot injury.

At a meeting weeks later, Yoshida raised a question that now seems prophetic. "Casey wants update on instability of vehicle for future liability cases," according to minutes obtained by CBS News.

The Rhino was a hit, with more than 150,000 sold after its introduction 15 months later in fall, 2003. But the vehicle, which looks like a cross between a golf cart with attitude, and an all-terrain vehicle, or ATV, is at the center of a legal firestorm. At least 59 riders have been killed in Rhino accidents, according to the Consumer Product Safety Commission. More than 440 wrongful death and personal injury lawsuits are pending, and Yamaha has settled others. Many stem from rollovers in which drivers or passengers fell or were flung through the open door space to the ground, then smashed by the 1,100 pound vehicle. Adults and children as young as 3 years old have suffered gruesome injuries, including amputated limbs and crushed legs, arms or heads.

Plaintiffs say the Rhino is dangerously unstable due to its unusually narrow stance, high ground clearance and lack of a rear differential to help in turning. They also claim the Rhino's seat belts tend to unspool during rollovers, resulting in belted occupants being partially ejected.

The Rhino has "significant problems," said Inez Tenenbaum, who in June became chairman of the U.S. Consumer Product Safety Commission. "The public needs to be aware that, already, 59 people have been killed in these vehicles."

Under pressure from the agency, Yamaha on March 31 announced a "free repair program'' to improve the Rhino's handling and stability-seemingly a recall in everything but name. The company agreed to install spacers on the rear axles of the vehicles to make them a few inches wider, to remove their rear anti-sway bars, and install protective half-doors on Rhinos that don't already have them. Owners who watch a safety video when they bring in their Rhinos will also get a $100 coupon toward purchase of a helmet. Yamaha stressed that the action was not a recall, but a "voluntary repair program." Avoiding the term "recall'' rankled some agency officials and consumers, but in agreeing to make the repairs, Yamaha insisted on calling it something else.

In an interview with CBS News, Tenenbaum said the safety commission is continuing to investigate. She said that if the Rhino is found to be too dangerous even with the changes, she would be willing to seek a ban.

Yamaha says it has cooperated fully with the safety commission. The company maintains there is nothing wrong with the Rhino, and that rollovers don't occur when drivers follow instructions on warning labels and in the owner's manual. The Rhino is "a safe, reliable and versatile vehicle,'' and "virtually every Rhino-related incident involves at least one warned against behavior (such as failure to wear a seatbelt and/or helmet, underage driver, excessive speed, alcohol/drugs or inattention to terrain/collision),'' according to a statement issued by Yamaha Motor Corp. USA.

Jon Crowley, an off-road enthusiast who runs the website UTVGuide.net and agrees with Yamaha, said he believed most of the injured would have blamed themselves but for plaintiffs lawyers trolling for clients on the Internet and TV.

The Rhino is not an ATV, but a "side-by-side''-- a category of off-road vehicle that is gaining popularity and is not subject to any government standards. Unlike ATVs, which riders straddle like a motorcycle, side-by-sides are more jeep-like, with seating for two, a steering wheel instead of handlebars, a rear cargo bed -- and safety features such as seat belts and a roll cage.

The Rhino has a narrower track and higher ground clearance than most all other popular side-by-sides-enabling it to crawl over rocks and through tight spaces. But just as a stool tips more easily than an easy chair, experts say a narrower, taller vehicle is more apt to roll over in turning maneuvers or uneven terrain. Engineers for plaintiffs' lawyers say the Rhino has a low stability factor, a rough arithmetical measure of rollover risk based on a vehicle's track width and the height of its center of gravity.

Yamaha has touted the Rhino's off-road prowess with a made-up word -"terrainability.'' "Don't Just Tackle Tough Terrain,'' said a Rhino ad. "Make It Say Uncle.''

Yet serious accidents have allegedly occurred under seemingly benign conditions-at low to moderate speeds, on relatively flat ground, and without drivers knowingly doing anything adventurous or sporty. Rollovers have even occurred at dealerships when employees were moving Rhinos around the lot, or taking customers on test drives, court records show. Like Ike Miyachi, the president of Yamaha France suffered a leg injury when his Rhino tipped in 2005.

YouTube video of Rhino spill on sand


There have clearly been accidents in which riders failed to follow safety instructions. The CPSC identified cases where people failed to wear seatbelts or helmets.

But Jason Shamblin, a Birmingham, Alabama, lawyer representing dozens of Rhino plaintiffs, said he has "not filed any cases where my client has been operating or has been a passenger on a Rhino that has been driven as aggressively as I have seen on some Rhino TV ads.''

The product safety commission lent some support to such claims. In announcing the repair program in March, the agency said "Of the rollover-related deaths and hundreds of reported injuries, some of which were serious, many appear to involve turns at relatively low speeds and on level terrain.''

Milton D. Grimes is one of at least several Rhino owners allegedly hurt the first day they got behind the wheel. A former sheriff's deputy and school construction planner, Grimes bought his Rhino in September, 2004, to haul brush and water trees on his rural property near Bakersfield, CA. A couple of days later, he tried it out on desert scrubland near his home. Going 10 to 15 miles per hour on flat, but rough, terrain, Grimes said he made a right turn and the Rhino flipped, chopping his left leg against the ground. Grimes crawled away in search of help, but made it only a few hundred yards. When he failed to come home a few hours later, his son went looking and found him by following the Rhino's tracks.

It appeared he might lose his mangled leg, but nine operations saved it. Grimes regained the ability to walk, but has limited mobility and chronic pain. His lawsuit filed in January, 2005, ended in a confidential settlement. "I just wish that nobody else would have to go through what I have been through-and other people have been through worse,'' Grimes said. "Anybody who gets on one of these (Rhinos) should be aware they're dangerous.''

Yamaha told CBS that its testing showed Grimes was going faster than he said, and disputed his claim that he was wearing his seat belt. The company settled the case without admitting liability.

Justin Miller was 16 when he took his first ride on a Rhino -- and came home missing a hand. An experienced ATV rider, the Northridge, CA. teen was on a camping trip over Memorial weekend in 2008 when he took his family's new Rhino for a spin. He had descended a low hill to fairly level ground, and said he was going less than 15 miles per hour when the Rhino tipped. Apparently in shock, he didn't realize how badly he was hurt until he saw blood everywhere and his hand nearly severed from his wrist. Doctors at Stanford University Medical Center performed seven surgeries but were unable to save the hand.

Saying the company is still investigating the accident, a Yamaha spokesman cited a police report stating that the Rhino was going about 20 miles an hour on the hill, and hit a rock or bump.

Despite the trauma of his loss and constant pain, Miller seems remarkably philosophical. "In my mind, I've always believed that some things happen for a reason, so I've tried to keep an optimistic view.'' Never an outstanding student before the accident, Miller returned for his senior year, worked harder than ever, and for the first time he says he got straight `A's'. Now preparing to start college, he is counting on his lawsuit to get him a sophisticated prosthesis costing well over $100,000. "What they're (Yamaha) doing is endangering people,'' Miller said. Their "main concern is making a profit.''

Some bereaved parents have turned anti-Rhino crusaders, including Texas resident Heidi Crow. Her 9-year-old son, J.T. Crow, died of head injuries when a Rhino allegedly travelling about 15 miles per hour tipped over on a logging trail. Another, John Sand of Lebanon, Ohio, lost his 10-year-old daughter Ellie in October, 2007, when the family was at a barbecue with members of their church and a guest was giving rides on a Rhino. Sand created a website in her memory, where he has posted court papers and Yamaha documents.

Yamaha says both cases substantiate its view that operator error, not faulty design, is to blame. The company recommends that Rhinos be driven by licensed drivers at least 16; the Crow child was a passenger on a Rhino driven by his 12-year old sister. The 21-year-old operator of the Rhino that rolled over on Ellie Sand had allowed three other kids to crowd into the back of the vehicle, though the Rhino is designed for a single passenger. He was charged with vehicular manslaughter, a misdemeanor, and sentenced to 90 days in jail.

Sand still blames the vehicle's design. "There's some simple changes that …could have been made from the beginning that would have spared my daughter's life and other peoples' arms and legs,'' he said.

---

While pundits mourn the advance of the nanny state, there remains widespread tolerance for the long arc of injuries and deaths from off-road vehicles. Since the 1980s, at least 10,000 people have died in ATV accidents-more than one-quarter of them kids under 16, according to data from the CPSC. The annual death toll has been rising with more ATVs in the field. According to some experts, the situation shows the pitfalls of relying mainly on warnings to control the risks of dangerous products, instead of on safer designs.

YouTube video shows Rhino spill in mud


The product safety commission took action in the mid-1980s amid a spike in injuries and deaths. In December, 1987, the agency sued five leading distributors, including Yamaha, declaring ATVs to be an "imminently hazardous consumer product.'' The companies agreed in a settlement to stop distributing 3-wheel ATVs, the most unstable kind-though they did not have to recall existing 3-wheelers. Otherwise, the main focus was consumer education, including blunt warning labels and safety videos.

The commission also wanted a stability standard for ATVs to reduce tipovers. The industry balked, arguing that such stability measures, based on vehicles' physical dimensions, were a poor predictor of real-world rollover risk. The agency backed off, settling for the companies' promise not to lower the stability of future models.

For a while, things got better. In 1988, the year of the settlement, there were 250 ATV-related fatalities. Despite rising ATV sales, the toll mostly hovered between 200 and 250 deaths for several years. Then, casualties rose sharply with growing sales of ATVs. ATV injuries requiring emergency room treatment nearly tripled from 52,800 in 1997 to 150,900 in 2007, according to commission figures. For the first time, deaths topped 500 in 2001; then exceeded 650 in 2003 and 800 in 2005.

At the same time, warnings about all manner of possible driver errors strengthened the industry's hand in liability cases. The companies suddenly had a "buffet of defenses'' against almost any claim, said Ralph E. Chapman, a Mississippi lawyer for plaintiffs in ATV and, more recently, Rhino cases. The companies could "just go through the buffet line and pick out what to eat.''

Carol Pollack-Nelson, a human factors psychologist formerly with the CPSC and now a safety advisor to businesses, said the situation illustrates the need to design out hazards rather than rely primarily on warnings.

"You have a product that's inherently got some pretty serious dangers,'' and people use it "the way they think it's intended to be used,'' she said. "They're not trying to drive their granny to the store ... It goes fast, it goes over bumps, it goes over open terrain. Why else would they have bought the thing?''

---

With more than 140 subsidiaries and affiliates worldwide and nearly $16.8 billion in 2008 sales, Japan-based Yamaha Motor Co. Ltd. is a leading distributor of motorcycles, snowmobiles, and watercraft, along with ATVs and the Rhino.

Lawsuits against the company and its American units involved with the Rhino are scattered across the U.S. -- though a majority have been consolidated in three courts for the purpose of legal discovery. More than 120 cases are pending in the superior court of Orange County, CA, home of Yamaha Motor Corp., USA, the Rhino distributor. Dozens more are in state court in Georgia, where another Yamaha subsidiary manufactures the vehicles. Suits filed in federal courts have been brought before a U.S. district judge in Louisville, Ky. None of the cases has been tried.

Yamaha has produced hundreds of thousands of pages of internal documents, and at least a dozen company officials have had their depositions taken --though most of the information is locked up tight. The records remain secret under protective orders demanded by Yamaha's lawyers. Even so, a number of documents and transcripts filed as exhibits tell the Rhino story.

The "NGV (New Generation Vehicle)'', as the Rhino was known inside the company, began to take shape in 1999. The vehicle would become the "new generation of off-road vehicle for outdoor man,'' in the words of an internal document. Existing side-by-side models were utilitarian work vehicles and not much fun. Yamaha targeted a crossover market of hunters, fishermen, and aging off-roaders wanting something easier to ride than an ATV, and the ability to take along a friend. A promotional video touting the Rhino's narrow stance showed that it fit in the bed of a full-size pickup, eliminating the need to pull a trailer.

No government standards applied to side-by-sides, and Yamaha wanted to keep it that way. There was a risk of the Rhino being defined as a motor vehicle and falling under authority of the National Highway Traffic Safety Administration, with its myriad safety standards-particularly if Rhinos were driven on public roads. Yamaha "must not allow a classification of `motor vehicle' for the NGV,'' declared an internal company document in May, 2000. As a precaution, the company used tires that weren't suitable for paved surfaces, and warned against driving the Rhino on pavement and public roads.
In a statement to CBS News, Yamaha said "the Rhino was always intended to be an off-road vehicle" and because there are different regulatory issues for off-road and on road vehicles, "this document simply reflects that Yamaha was aware of these different regulatory environments.''

The Rhino quickly caught on, bringing "more of an extreme off road capability to the market,'' said Steve Nessl, marketing manager for Yamaha Motor Corp., USA. Some reviews were effusive, including this one in Popular Mechanics: "Through some sort of engineering magic, Yamaha has built the first side-by-side vehicle that can compete with an ATV in serious off-road prowess.''

Early on, there were warnings signs, too-revealed in phone logs of a company database, the Yamaha Call Management System. In October, 2003, a Yamaha dealer in Virginia reported that two employees had been injured when a Rhino flipped while travelling about 5 miles per hour. One suffered a broken wrist; the other minor injuries. Also that month, another dealer reported that a technician had "rolled unit over in paved lot.'' The dealer was "concerned about stability,'' said the log, adding that the dealer was advised: "Unit not for pavement use."

A Minnesota dealer reported in November, 2004, that a customer suffered serious injuries on a test drive, including a broken leg and ruptured spleen. "From what dlr could tell from inspection cust was going at excessive speeds and making sharp maneuvers when she rolled the unit,'' the log said.

In July, 2005, the Farm Industry News sponsored a "Utility Vehicle Shootout'', asking a panel of farmers to rate popular side-by-sides. The Rhino finished a close second out of 10 models. But after the competition, an 18-year old intern for the publication, riding as a passenger in a Rhino, broke his leg when the vehicle tipped. "Witnesses say they were not going more than 5-7 MPH,'' according to the phone log, but added that the driver had been drinking.

Yamaha Dealership Employee Tips Rhino

Watch CBS Videos Online

At a Florida dealership, a customer broke his ankle on a test ride with a salesman in November, 2005. In June, 2006, a Delaware man reported that he'd sold his Rhino after rolling it twice. "A 60-year-old lady bought the unit to haul around firewood,'' the phone log said.

Many lawsuits stem from injuries suffered when the rider put his leg through the open door space- either unintentionally or as a protective reflex when the vehicle tipped. According to plaintiffs, scores of injuries would have been avoided if Yamaha had equipped the Rhino with leg restraints, such as the short half-doors it eventually offered as a retrofit.

The company did not have to look far for examples of where the doors might have helped. Ike Miyachi, the vice president who suffered an injured foot when the prototype for the Rhino tipped, said in a September, 2006, deposition, that he stuck out his leg in an attempt to brace the vehicle as it tipped on its side.

In 2005, the president of Yamaha France was injured when he got a leg outside a Rhino, court records show. The French executive, Jean-Claude Olivier, then ordered the installation of diagonal bars in the openings near the floor to keep riders' legs inside. When officials in Japan learned about the fix, they ordered the bars removed.

In blaming accidents on Rhino drivers, Yamaha does not spare its own. In a statement to CBS News, Yamaha said Olivier suffered "a medium ankle sprain'' because he "performed an aggressive maneuver causing a rollover.'' As for removal of the diagonal bars installed by its French unit, the statement said company engineers feared they might become a tripping hazard or be used as footrests-putting feet outside the cabin.

Records show that Yamaha had begun investigating the use of leg protection by early 2006 -- but didn't offer the half doors until August 2007. The retrofit offer covered 2004-07 Rhinos. Doors became standard on the 2008 model.

In deposition testimony, senior Yamaha engineers said they had considered using doors in the first place-then gave a surprising explanation for deciding not to. Doors would create such a feeling of safety, they said, that riders might not wear helmets or seat belts. In a deposition in May, 2008, Takanori Suzuki, former project leader for the Rhino, said even now the only reason to include doors is that "occupants are intentionally sticking their legs out in situations involving aggressive driving and abrupt maneuvers.''

A couple of times over the last two years, Yamaha sent letters to Rhino owners expanding on safety warnings. But the product safety commission is investigating whether Yamaha made timely disclosures to the agency of possible safety risks.

Company representatives did brief commission staff, including at a meeting in August, 2006. But in January, a few weeks before Yamaha suspended sales of the Rhinos and notified owners of the necessary safety improvements, the agency issued a subpoena to Yamaha for a large volume of records.

Agency officials have declined to discuss the reason for the subpoena. But current and former product safety officials, speaking on condition of anonymity, said the commission usually relies on self-reporting by companies, and that subpoenas are rare. The sources said the action showed the agency thought Yamaha's disclosures may have been incomplete. The agency can levy financial penalties on companies found to have withheld information about possible product defects.

Yamaha says it has cooperated fully-at the same time arguing there were no defects to report.

"The company's been very upfront with the commission,'' Yamaha lawyer David Murray said in an interview. "But … we fundamentally do not agree that there is any sort of design problem with this product, and we've made that clear in each of our conversations with the commission.''


With additional reporting by CBS News' Armen Keteyian and Michael Rey

[quader83]

This is yet another blatant attack on atv's and the people that ride them, Yes if driven in an unsafe manner they can be dangerous and even deadly. I am a avid rider of both quads and side by sides and have never found my self in danger unless i was operating them in an unsafe manner, but if you follow the danger stickers on your atv the chances of getting hurt are minimal. As for the Yamaha dealer video it states very clearly on the atv that it is not to be used on paved surfaces as the traction of the paved surface my pose a roll over risk. But it is nice how ever that cbs uses utube videos of people driving their side by sides in unsafe manners to scare the public nice Im sure that will do a good job and in time those people will make sure that no one will get to ride an atv anymore

[gp51quad]

I agree with quader83 it is always an attack on atv's,if you follow the rules on your danger stickers and in your owners manual you will find that atv's and utv's both can both be enjoyable as well as safe! I am a avid racer of atv's so trust me i know the dangers,but I won't ride without the proper gear(helmet,boots,gloves,chest protector etc.)Ithink instead of doing a story attacking atv's and utv's let try educating people on proper riding gear and its importance. Lets face it we all know there is a risk of getting hurt in this sport but it could be dramatically reduced with the proper gear and education. You will also find that alot of the fatalities and injuries involving atv's and utv's are from rider's to young to be on the machine, so lets put some of the blame on the parents.

[yloduck]

I do find it odd that CBS hasn't posted the results of the Texas Rhino trial yet. Did anyone at CBS get the memo that Yamaha won the first jury trial? Wouldn't you think they'd post that bit of news on this website?

http://www.setexasrecord.com/news/220821-first-trial-against-yamaha-over-rhino-rollovers-in-hands-of-orange-county-jury

Quote from this newspaper article: "It only took a few hours for Southeast Texas jurors in the first trial over Yamaha Rhino all-terrain vehicle rollovers to return a swift ruling of no negligence -- a verdict in the company's favor that could have far reaching effects."

[cw610]

Hey CBS! I just wanted to be sure you saw what happens when ALL of the facts are presented in a REAL trial (as opposed to your one-sided, misinformed Rhino lynching).....

http://truthaboutrhino.com/index.php/yamaha-motor-corporation-usa-statement-on-ray-vs-yamaha-trial-verdict/
http://www.setexasrecord.com/news/contentview.asp?c=220821

Kudos to Yamaha for never giving up and for standing behind a great product!! I'm still waiting for the Rhino-lawyer sites to post up the results of this trial.....hmmmm....so far it's been reaaaaaaaly quiet.

PS - Apparently there is still some common sense left in this world after all!

[cw610]

For some reason I feel that I'm being pursuaded - nay....shoved headfirst - into a very ANTI-Rhino direction when I look at the very "selective" information being presented on Mr. Sand's website (yamaha-rhino-information.com - which should be called www.I'm-out-to-ban-all-Rhinos-because-I-failed-to-supervise-my-child.com). Thankfully, we all have access to the information on the CPSC website where we can see ENTIRE case documents(not just cut-and-paste versions), and form our own, educated opinions of who's at fault in these unfortunate accidents. It's interesting to see that Mr. Sand doesn't include on his website the very article that states that the individual who was driving the Rhino that resulted in his daughter's death was convicted of manslaughter and found to be engaged in horseplay when the accident occurred. This interesting bit of information leads directly to what we all know to be true.....the person at the wheel is the only one responsible for the actions of this machine.

[ATVRiderMag]

therhinokiller,

Are you a lawyer? Just curious!

[ATVRiderMag]

Great job cw610!

CBS, we ask that you revisit this story with the other side in mind. Please read cw610's post above.

www.atvrideronline.com

[esessies57]

Hmmm...rhinokiller ....sounds like an agenda more than a screen name.
So by your logic..Polaris, Honda, Arctic Cat, John Deere, Kawasaki, Kubota, Kymco, etc all say their vehicles are off-road only "Just" to get around the NHTSA regulations??? I think logic would tell you it is because they built off-road products and have no intention for these to be on the highway with automobiles.

[bhart09]

As expected, a typical news media story. No doubt paid for by the legal firms that are expecting to pull in big money. This is another example of why the majority of educated individuals don't take any stock of these news based 'educational' features. They're totally bull. Biased and paid for. Info-mericials that are suposedly legitimized by the network as 'news'. I'd love to see CBS follow up with the other side of the story, but we all know that won't happen!

[cw610]

I had a laptop handy and some time on my hands last night, so I took it upon myself to do something that CBS obviously has not. I took a few moments to research the cases that the CPSC has on their website, and came up with some very interesting statistics. Perhaps CBS can give me a call next time they want to do some investigative reporting ? because, unlike them, I can actually find and present some accurate and pertinent information.

First of all, out of all Rhinos sold to date, there are 99.997% of consumers enjoying their Rhinos like they were meant to be enjoyed.

Since its inception, there have been 59 reported deaths involving the Rhino. The CPSC, in their research of the Rhino, has reviewed a total of 46 accident cases ? of these 46 cases, 37 of them were deaths?..that represents 65% of the CPSC?s cases.

Of those 37 deaths, 33 of them were NOT wearing helmets; 2 of them didn?t specify if helmets were worn; and 2 of them fell off of a cliff (in which case, not much would have helped them). Interesting??

Here is where it gets even more interesting. For an article that touts the dangers of Rhino rollovers ? and for the few of you posters yammering about how Rhinos are rollover death machines, you?d think these next statistics would be much higher.

Of the 46 cases that the CPSC reviewed, only 16 are rollover cases. Of those 16, 10 of them involved underage children ? average age being only 10.8 yrs old (with most of them being the operator). Of the remaining 6, 2 of them were drug/alcohol related, 1 involved an aftermarket cage, 2 were dune related accidents, and 1 was an old gentleman messing around at 2AM.

10 of the CPSC rollover cases involved children averaging 10.8 years old! There is a reason why 10 year olds, or even 13 year olds for that matter, aren?t given drivers licenses! It?s because they don?t have mature response times, nor the experience or common sense to know how to react in certain situations! Try having a 10 year old explain what camber is, or identify terrain changes?? I?m not even going to mention being able to actually sit in a seat, fully buckled in, and reach the gas pedal, floor and steering wheel properly! Where were the parents? And, as I have stated before, how is it Yamaha?s fault that these children were not properly supervised, or that poor parenting choices were made? It?s not?..

So, in review ? out of 150,000 units sold, and of the 46 cases on the CPSC website, I could only find 2 deaths that occurred where at least one of the safety recommendations was not being ignored ? and that was the two individuals who fell off of a cliff. In every other case, at least one (and in many cases, most, if not all) of the safety recommendations had not been followed.

This is information I found myself, readily available to anyone who wants to look. This is the type of information a news organization such as CBS should be looking at, but then?.it would be much more accurate, and probably much less entertaining.

[kymcojoe]

Bravo!!!!

[RhinoSupporter]

What a completely biased piece of reporting by See BS News. It's not wonder their ratings have been going to hell. They just want to line their pockets with the lawyers money and don't give a crap about truth or facts.

Goodbye, CBS.

[esessies57]

Hey you missed a huge fact ...
almost none of these people were wearing their seatbelts. In fact I think I only saw two.
If this was an automobile these people would be prosecuted for child endangerment!

[Sloughfoot]

Many of these ridres would have hurt them selves on a tricycle.

Each year we have thousands injured while riding in or on small vehicles
in this general size range. This has been going on for years. The potential
hazards or safety issues are consistently minimized by customers who demand
vehicles that are "fun" to drive. They are also a bit of a status symbol.
Alot of people wish they had five or six thousand to get a decent used car.
I'm sure that a few people actually use these in a "job" related capacity,
but by and large, they are expensive toys that are more of a macho
indulgence than anything else. The dangers associated with these things
are the same as water skiing, snow skiing, snowboarding, jet ski's
dirt bikes and everything else that people get a kick out of. Don't
come crying to the manufacturer when you bust your ass "living life to
the fullest". Get a life.

[rockkford]

Yamaha, other than their piano business, sells excitement and easy assess to adreniline rushes. Nothing wrong with that. But when they put a steering wheel and side by side seats on a vehicle capable of 40 MPH and call it an "ATV", they also took on a few more responsibilities, in my view, in return for their profits. That is, a reasonable chance for people to use them, within reason, and not get hurt. Everyone likes to talk about cars and bikes flipping over. When was the last time you saw one of them go over at 15 MPH? NOTHING turns over as easy as a Rhino. Nothing.

Yamaha has to worry more about other questions, though, as opposed to tying to prove that their CUSTOMER/riders were always at fault.

Was it (the danger of injury from a tip over) foreseeable?

If it was, then did they address those dangers in the following manner (AND ORDER):

Did they try to engineer the danger out?
Did they guard?
Did they warn?

If not, they can be held liable under US Law. The jury will also consider and vote on the riders comparitive negligence, so please get a handle on that, all you plaintiff lawyer haters. All the facts will come out.

One question. How many leg injuries have occurred since the Yamaha door recall?

[cepe10-2009]

Rock solid comment by rockford, NOTHING ROLLS OVER LIKE A RHINO even at slow speeds and just gently returning from grass to hard pan and the thing will flip like nothing.

[cw610]

Wow cepe10 - looks like your amazingly fact-based and knowledgeable posts got deleted - that's a shame. It was entertaining for a while to think that some Plaintiff attorney was cringing somewhere and regretting ever letting your off your leash.

I have a really hard time believing that a Rhino just "flipped like nothing" returning from grass to hard "pan". Wait. Make that....I find it IMPOSSIBLE to believe.

[realscience101]

cw610

Your angry, meanspirited, uncarring posts seem to typify the diatribe which is echoed by the Rhino lovers who refuse to evaluate the CBS report for the point it does make. Maybe you didn't know that several other manufactures make vehicles like the Rhino which do not roll over at low speed on pavement. Look at Honda and Suzuki who have competing safer products. You cannot blame parents who have lost children simply because they trusted the design integrity of a major manufacturer (who makes great guitars and stereos). Maybe you didn't consider the fact that two of the adults who rolled a Rhino were the President and a Vice President of Yamaha, the VP being actually injured. Maybe they didn't read the owner's manual. At any rate, enjoy that Rhino. Just be REALLY careful and please don't let any kids near it. While you may not care, Ido.

[realscience101]

Gosh Growlll, I didn't realize there was a law mandating the unsafe design of the Rhino....Maybe you'd be kind enough to tell me where to look to find such a law. Is there a narrow Rhino Act? Where is the law prohibiting use of a Rhino on a parking lot or driveway? possibly you should check your facts before you accuse others of not knowing what they are talking about!!

[stephgreen79]

I am really sorry there have been ppl to loose there lives from riding a side by side. But you can not just jump on it and act a fool. How many ppl are killed while driving a car, truck or SUV. How many ppl have been killed while riding a 4 wheeler, boat, or jet ski. All of those items are still on the market. You can NOT keep blaming the manufacturers for ppl being STUPID. You don't let a child drive a side by side, you SHOULDN'T opperate any of the above listed items if you are under the influence, and you can be even safer by wearing a helmet. HELLO people grow up. The news media needs to get a grip also. They continue everyday to blow crap way out of proportion.

Again I am terribly sorry that people have lost there lives while riding a side by side. But people loose there lives daily driving down the road. Not to mention the numbers of people that have been killed while riding an ATV. If you look into all the accidents from side by sides and most likely ATV's as well there is something that all of these people have done wrong! Its called NOT Following the directions!!

[cepe10-2009]

I applaud CBS for investigating these engineered death traps made to roll over and crush people.

[kymcojoe]

How can you in good conscience make such a statement? These vehicles are not "MADE TO ROLL OVER AND CRUSH PEOPLE". Unfortunately, people have been injured or killed operating these machines and that is a bad thing, but most of the time it has to do with operator error. Yamaha takes many steps to educate customers about proper operation, but they are ignored by people who don't use their minds when they climb into or onto off road vehicles. The videos shown by CBS shows people using bad judgment while operating these vehicles and failed to point out safety measures operators should take while operating these vehicles. This is a media witch hunt and I consider it YELLOW Journalism. Shame on CBS and people who buy into this Journalistic garbage!!!

[realscience101]

kymcojoe,
I hope this "journalistic garbage" contributes to the redesign of the Rhino, or its total removal from the market, in time to save the helpless kids strapped into these death traps by all the RHINO crazy Addicts. Many companies manufacture similar vehicles which seem to manage to stay upright at 15mph. Why does the Rhino have a turning radius so sharp that it rolls over at speeds most of us can run?

[kymcojoe]

My comment about Journalistic garbage has to do with CBS being so one sided and not showing any Journalistic integrity. They barged into Yamaha's front door with cameras rolling knowing good and well Security would escort them out of the building. They didn't even try to educate operators on how they could better protect themselves and from where I stood seemed to put words in the mouths of the people they did interview. I agree that CBS should report the news, but they should not act like Biased Bull Dogs. I never saw Walter conduct himself in this way... I believe in due process as I think you do and I think the truth will come out accordingly, but I do not believe CBS conducted themselves in a professional manner. If CBS is concerned about public safety, they should have spent as much time trying to educate the public about how to remain safe rather than crucify the "EVIL MANUFACTURER". Do you see my point? Do you really think Yamaha built this product with the intention to injure people? How many people have operated this product without injury? I will grant you that even the most careful person can be injured or killed in an accident, so I do not suggest that all of the accidents are due to improper operation. I could slip on the stairs and hurt or kill myself and so could you, but that doesn't make stairs evil. From what I know, Yamaha has some where around 140,000 of these vehicles in the hands of the public, most of which are operated within proper limits and the owners are satisfied with the product. Where was this side of the story in CBS's report? Not trying to be antagonistic, just objective. Walter would have studied all sides and reported all sides objectively and let the public make informed opinions.

[cepe10-2009]

Again I applaud CBS for tackling this story, these things are narrow with a high center of gravity and made to roll over and crush people.

All the shills for the defective design and negligent company are just sad and pathetic.

The death rate is atrocious and yamaha should be sued accordingly.

They know it is a death trap and put it out anyway.

THESE vehicles are in fact designed with a high center of mass and narrow wheelbase and as an engineer I can assure you idiots THEY ARE DESIGNED TO ROLL OVER.

The obvious result to anyone with a brain is crushing of the user.

[kymcojoe]

cepe, are you saying that Yamaha built this thing with the intention of injuring or killing the very customers who bought them?? Sounds like your suggesting a murderous plot at revenge for Hiroshima or Nagasaki? Dude, get real... You must have been picked on as a kid. As an engineer, maybe you can tell me how safe a pencil is???

[kymcojoe]

Okay, I need to check myself. No need to stoop to that level. My bad. What I should have said was as an engineer you should know you can't make an informed evaluation unless you have access to the actual design parameters. No way they intended to injure or kill their customers. To assume so is irresponsible.

[rhinorider]

cepe10-2009 you are entitled to your opinion however there is no need to wish death and severe injury upon a person or their family - way out of line! Perhaps you didn't notice the small print when you posted your comment: "The posting of advertisements, profanity, or personal attacks is prohibited." As far as the inbred hillbilly and stupid comment - sorry to disappoint you but a northern blue blood woman with a PHD. I stand by my opinion that the Rhino is a safe UTV since I have owned and operated one since 2005 without incidence. The Rhino is for adults. Society and the legal system expects adults to act in a responsible manner for themselves, their children, and the safety of others. I truely feel bad for the families that have had severe injuries or deaths involving the operation of the Rhino; however you cannot blame the machine - someone has to operate it! There are stickers all over the Rhino advising the driver of precautions, not to mention the owener's manual,- if the adult who purchased the Rhino does not act in a reponsible manner with their actions and the with the safety of their family then Yamaha cannot be held responsible for the driver/owner's lack of matureness or responsibilty!

[cw610]

Realscience101 - I disagree whole-heartedly with your somewhat crazy sounding accusations. I believe it's more of a parenting issue, than any alleged "design flaw", that is responsible for minors being injured in any of these accidents. As I stated previously - and as you ignored the first time - it's quite apparent, even at first glance (there are warning stickers everywhere!)that the OEM did not design this product to be driven or occupied by children in the first place. So I ask you....who makes the choices for a child? Who is responsible for knowing where their child is at all times? And who is responsible for knowing the proper operations and limitations of ANY vehicle? Who is responsible for making their child wear a helmet, for buckling that child in, and for knowing the abilities (or lack of) the person driving the vehicle? As a parent - YOU are - plain and simple. Not Yamaha. Not the government. Not any of us who may use these Rhinos without incident....YOU are, and you can argue, and sue, and make posts and blame other people until it literally makes you crazy (and you DO sound a little out there)but you can't ever escape the fact that your children are YOUR responsibility - if you fail them, it's no one's fault but your own.

[ianlou]

Question:
Why do we need safety warnings on four wheeled ATVs when we don't
with two wheeled dirt bikes?

Answer: Two wheeled dirt bikes are much more stable in bumpy terrain.
Dirt bikes don?t ?roll over? when one tire hits a bump. Dirt bikes lean into curves.
Expecting these clumsy ATVs to perform like a dirt bike is like expecting a garbage truck to hug the curves when you accelerate.
Want to make a dirt bike behave like an ATV? Put training wheels on it.

[ianlou]

Question:
Why do we need safety warnings on four wheeled ATVs when we don't
with two wheeled dirt bikes?

Answer: Two wheeled dirt bikes are much more stable in bumpy terrain.
Dirt bikes don?t ?roll over? when one tire hits a bump. Dirt bikes lean into curves.
Expecting these clumsy ATVs to perform like a dirt bike is like expecting a garbage truck to hug the curves when you accelerate.

[www-atvpt-com]

Take responsibility for your own actions people.

UTV's like any type of off road vehicle can be fun to drive, and a great way for the family to get out and enjoy the outdoors.

I think it it is high time that the ORV Community bands together and fights these kinds of actions as a community united, not seperated.

[kymcojoe]

Ride safe, ride smart, live to talk about it...

[blasteryamaha]

It's sad what CBS has done here why do they pick on yamaha polaris makes a rzr if I recall that runs 55 mph to yamahas 40mph and the width is 52 inchs compared to yamahas 54 inchs. It looks like the america people will beable to sue the car companys now if they get in a car wreck lol. CBS supports us if we drink or dont follow the guid lines and ride a UTV and get hurt to sue the company well news flash CBS its not yamaha not folowing the guidlines maybe u should look at the person driving that RHINO the little boy that cut his arm off looked like he did not need to be on a bicycle let along a RHINO. I will promise You CBS if ur in a ATV or any side by side and take a cruve at 20 mph really sharp you going to flip people are such dump @$$ they make it worse for everone.

[mikeb444]

You namby pambies killed off the honda pilot now you are going for the rhino. I can not decide who is worse, yellow jounalist, vulture lawers or the idiots they serve. Grow up, take responsibility for your actions! 60yrs old, riding in the dirt and alive with all my limbs!

[ToolMangler1]

I rode dirt for 60 years on Motocross, Enduro, Trials and scrambles on every type of offroad vehicle there was while I was riding. Dirtbikes are my ride of choice, Threewheelers make me very uncomfortable and small fourwheelers scare me.

Here are the reasons why.

(1)A Dirtbike lets you know from the moment you get on til the moment you get off that it will kill you or hurt you bad if you get stupid while riding it.

(2) A Threewheeler inspires a bit of confidence but will spit you off the first time you turn too sharply. Most times the very first get-off educates you to learn more before you try more...

(3) The small fourwheeler Inspires all sorts of confidence and you keep on going faster and faster until you finaly "Push the envelope" too far. The only trouble with that is you more than likely will die or be crippled for life. You people remember what I said and learn from it, then use your best judgement on how you want to live (or not)