The families of two girls killed in a 2008 ATV crash have filed suit against Yamaha, alleging that the company's Rhino ATV contains serious design and engineering flaws.
The suit stems from an October 2008 accident in Olive Branch, Mississippi. The victims, Emily Ann Bates and Lauren Dilworth, both 11, tried to steer their 2005 Yamaha Rhino back onto a suburban street after it left the pavement. The vehicle rolled over, killing Dilworth instantly and pinning Bates underneath. Bates was rushed to the hospital, but was pronounced dead on arrival.
The lawsuit charges that the Yamaha Rhino is dangerously unstable and contains multiple design and engineering flaws increasing the likelihood of fatal injuries to occupants in the event of an accident, said Mark Chalos of Lieff Cabrasher Heimann & Bernstein, the firm representing the girls' families. Yamahas disregard for safety and the numerous defects in the Rhino, as alleged in the complaint, led to the deaths of Emily Ann Bates and Lauren Elizabeth Dilworth.
The suit is a stark reminder of the dangers posed by ATVs, especially to children. In 2005 alone, at least 666 people 111 of them children died in ATV accidents. In 2008, almost 28 percent of all ATV injuries were to children under 16.
ATV risks
The very nature of ATVs makes them dangerous for inexperienced riders. The machines which are not street legal and are intended mostly for off road use weigh between 300 and 1,000 pounds, and can reach speeds of up to 75 miles per hour.
The Rhino has an especially bad safety record, accounting for more deaths and injuries than any other model. The model which is built for two passengers and looks more like a beefed-up golf cart than a classic ATV is responsible for at least 46 deaths since its introduction in 2003.
The crash that killed Bates and Dilworth appears similar to other accidents involving Rhinos. Consumer Affairs reported last year> that many Rhino accidents involve rollovers and unbelted passengers both factors in this crash. Additionally, Chalos, the plaintiffs' attorney, said the girls' ATV was traveling at a slow speed, another common theme in accidents involving Rhinos.
Especially likely to roll over
Chalos contends that the Rhino is especially likely to roll over even at low speeds or on flat terrain because of inherent flaws in its design, including having a narrow track width, high platform, high center of gravity, wheels too small to maintain stability, and top-heavy design.
The suit also alleges that the Rhino is outfitted with defective doors, inadequate seat belts, and a dangerous roll cage. In fact, Chalos says the roll cage can do more harm than good; many Rhino riders are ejected from the ATV and then struck by the cage.
With a dry weight of over 1,000 pounds, when a Yamaha Rhino flips over, its heavy, unpadded, steel roll cage can itself become extremely dangerous, causing severe injuries or death.
The Rhino's troublesome record spurred Yamaha to launch a free repair program last year. As part of the effort, the manufacturer added a spacer to the rear wheels, removed the rear anti-sway bar, and installed half-doors and passenger handholds.
UTVs not subject to safety standards
Because of the Rhino's unique design, Yamaha classifies it as a UTV a utility terrain vehicle which presents some problems in itself. Since the vehicle isn't deemed an ATV, it doesn't have to meet the safety requirements for those vehicles, and there are are no safety standards for UTVs. Indeed, Chalos notes that the Rhino was introduced to the market without passing any government safety tests as no safety standards had been developed then or subsequently.
On top of everything else, the Rhino has spurred plenty of litigation: there are over 700 lawsuits pending that involve the ATV.
Despite the risks inherent in ATVs, certain steps can be taken to reduce the likelihood of death or serious injury. Passengers should always wear helmets and, if they're available, seat belts. Additionally, children under 16 should never be allowed to operate an ATV,
