Read the press release issued by Lieff Cabraser concerning the Yamaha Rino lawsuit.

Bad Boy Enterprises has received 32 reports of unexpected acceleration, including reports of injuries such as a fractured toe, rotator cuff injury and sore muscles. The recall involves Bad Boy Buggy Standard model off-road utility vehicles. Lieff Cabraser represents clients injured by these vehicles as well as persons injured by Yamaha Rhino ATVs.

The Bad Boy Buggy Standard model has one row seat that allows two persons (the driver and passenger) to sit side-by-side while the vehicle is operated. The Standard has an open air design (no doors or windows), but has a roof. The Bad Boy Buggy Standard models come in Realtree camouflage pattern, Hardwoods camouflage pattern, hunter green, red and black colors. The affected models have serial numbers between 85004828 and 95010404. The serial number is located on a sticker in a cubby on the driver’s side.

The industry has resisted mandatory rules for years and was able to forestall new rules during the years the CPSC was controlled by GOP appointees. Further, today’s action is aimed specifically at four-wheeled ATVs and will not affect other ATVs. The ATV industry has proposed voluntary guidelines but safety advocates say the guidelines have been inadequate and they said today’s action puts the industry on notice.

Read more about this on the Consumer Affairs website.

CBS noted that there are no safety standards for these so-called “side-by-side” vehicles. The Consumer Product Safety Commission has received reports of hundreds of reported injuries involving the Rhino – including broken bones crushed legs, arms and heads – often on level ground at relatively low speeds. The commission also cites a disturbing number of deaths. The CBS News report featured Justin Miller, who lost his hand after a Rhino accident in May 2008. Miller stated, “The Yamaha Rhino started to rock and it tipped over on my left side, crushing my wrist.” Miller is represented by Lieff Cabraser in an injury lawsuit against Yamaha.

While Dietrich suffered only minor scrapes and bruises because he managed to jump from the Rhino before it struck the tree, VanBeveren was thrown from the two-seat Yamaha Rhino. She was air lifted from the crash site and transported to Spectrum Butterworth Hospital with multiple injuries in serious condition.

Earlier this year, following multiple fatal rollover accidents involving Yamaha Rhinos and an investigation by the Consumer Products Safety Commission, Yamaha offered to retrofit all Rhinos on the market and suspended sales of the vehicles.

This offer is not worldwide.  In Australia, it has been reported that Yamaha is “so confident its Rhino utility-terrain vehicle will be used responsibly” that is has decided against offering free repairs deemed essential by the U.S. Consumer Product Safety Commission.

Two West Virginia residents have filed separate suits against a prominent ATV manufacturer, alleging they were injured after their four-wheelers flipped. Teresa Urban, on behalf of her minor son identified only as B.U., and Erik Morris filed federal suits against Yamaha.

Urban says her son was seriously injured when the Yamaha Rhino on which he was riding on March 2, 2008, rolled over. Likewise, Morris says he was seriously injured when the Yamaha Rhino on which he was riding on May 28, 2007, rolled over. They say the incidents occurred because the Yamaha Rhino was not stable and lacked necessary safety features, such as doors.

Read a copy of the full article on the West Virginia Record website.