Motion Filed to Consolidate Yamaha Rhino Suits

A motion has been filed with the U.S. Judicial Panel on Multidistrict Litigation to consolidate and centralize product liability lawsuits related to the Yamaha Rhino. Although Yamaha has not confirmed how many cases have been filed by injured riders, estimates suggest that more than 200 lawsuits against the Rhino are currently pending in various state courts and federal courts throughout the country.

Several plaintiffs who have pending cases are requesting that 57 Rhino ATV lawsuits be transferred from

Yamaha markets five Rhino models for 2009. The units sell for a suggested retail price of between $8,499 and $12,399.

33 different U.S. District Courts to one court where they will be coordinated as part of an MDL, or Multidistrict Litigation. An MDL is a federal procedure that allows multiple cases with common underlying facts to be consolidated for pretrial litigation. An MDL is often granted in cases where it will help avoid duplicative discovery, eliminate inconsistent rulings, conserve the resources of the parties and the court, and serve the convenience of the parties and witnesses.

The Yamaha Rhino was first introduced in 2003. The product liability lawsuits all allege that design defects in the side-by-side ATV caused the vehicle to rollover, resulting in serious and debilitating injuries for riders. The lawsuits allege that the Rhino was negligently designed with a narrow wheelbase, high center of gravity, small turning radius and powerful engine, which combine to make the vehicle inherently unstable.

In September 2006, Yamaha sent a letter to owners acknowledging the risk of rollovers. In the letter, they outlined that riders should be careful to keep their arms and legs inside the vehicle during a rollover. The OEM began offering doors and additional passenger handlebars in 2007.

The Judicial Panel on Multidistrict Litigation will consider the Motion filed by some of the plaintiffs to form a Yamaha Rhino ATV Products Liability MDL at a hearing scheduled for January 29 at the U.S. Courthouse and Federal Building in Fort Myers, Fla.

Baltimore-based Saiontz, Kirk & Miles, P.A.
 is among the many law firms pursuing litigation. Saiontz, Kirk & Miles, P.A has more information pertaining to the Yamaha Rhino suits at its website, AboutLawsuits.com.

Tags: ATV, dealernews, guido, Lawsuit, OHV, Powersports, Rhino, Side-by-side, SSV, SxS, UTV, Yamaha