Lieff Cabraser Heimann & Bernstein, LLP, announced that Michael Warner, age 42, from Highland, California, filed a personal injury lawsuit against Yamaha Motor Corporation in California Superior Court in Orange County. The lawsuit charges that the Yamaha Rhino side-by-side is a dangerously unstable and defective all terrain vehicle ("ATV").
On September 30, 2006, Warner was the driver of a 2006 Yamaha Rhino that tipped over at a low rate of speed and crushed and permanently disfigured his left hand.
"My left hand was crushed by the Rhino's roll bar in the accident," Warner stated. "The pain was extreme. I had to undergo six surgeries. Three fingers were so severely injured that they had to be amputated. To this day, I still experience pain and am severely limited in the sporting and other outdoor activities that I enjoyed with my family."
The complaint alleges that the Yamaha Rhino side-by-side contains multiple design flaws rendering it dangerously unstable and unduly prone to tipping and rolling over. These defects include a top-heavy design resulting in a high center of gravity, and a dangerously narrow track width. "The design flaws make the Rhino dangerously susceptible to tipping and rolling, even when being driven at slow speeds," stated Robert J. Nelson, a partner at Lieff Cabraser, which represents Warner.
"Yamaha must step forward, acknowledge the Rhino is a dangerous vehicle and fix its defects," added Warner. "Until that occurs, more riders are going to suffer devastating injuries or be killed."
Despite hundreds of Rhino rollover accidents, there has been no formal recall of the vehicle by Yamaha. Instead, in August 2007, Yamaha announced that free of charge it would install half doors and a passenger handhold for Rhinos manufactured from 2004 through 2007. For the 2008 Rhino, Yamaha has added the half doors and a handhold as standard equipment.
The complaint charges that Yamaha has made no design changes to improve the stability or handling of the Yamaha Rhino, in spite of the availability of safe and inexpensive alternative designs and feasible modifications. "While its retrofit program was a step in the right direction, Yamaha has not addressed the Rhino's core stability problems," stated Nelson.
About Plaintiffs' Counsel
Described by The American Lawyer as "one of the nation's premiere plaintiffs firms," Lieff Cabraser Heimann & Bernstein, LLP, enjoys a national reputation for professional integrity and the efficient and responsible prosecution of our clients' claims. From its offices in San Francisco, New York and Nashville, Lieff Cabraser represents over 100 persons across America seriously injured in Rhino accidents.
Persons injured in Yamaha Rhino accidents should visit http://www.yamaharhinorolloverandrecall.com, a website operated by Lieff Cabraser, to learn more about the dangers posed by the Yamaha Rhino, get answers to frequently asked questions, and read a guide to their legal Lieff Cabraser personal injury lawyers will promptly review each case submitted without charge or obligation.
To learn more about Lieff Cabraser, visit http://www.lieffcabraser.com