With Ruling in McTaggart vs Yamaha, Yamaha Now Victorious in all Rhino Cases that have Gone to Trial

CYPRESS, Calif. – NOVEMBER 15, 2011 – The Court of Appeals of Georgia today unanimously reversed a trial court’s May 2010 decision in favor of plaintiffs and ordered judgment for Yamaha in McTaggart vs Yamaha, a case involving an accident on a Yamaha Rhino. The Court of Appeals’ decision means that courts in all nine cases that have gone to trial have rejected plaintiffs’ claims and found in favor of Yamaha.

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product. The Rhino is a safe and useful off-road vehicle when driven responsibly, and has won virtually every “first in class” award and top safety ratings in independent reviews since its introduction.

The testimony and evidence presented during the trial showed that this unfortunate incident had nothing to do with the design of the product. The incident illustrates the importance of following the safety guidelines posted on the vehicle and the owner’s manual. The Rhino is a safe and useful off-road vehicle when driven responsibly. Drivers and passengers should wear helmets, protective gear including foot wear, and the vehicle’s three-point seat belts at all times.

Yamaha’s top priority is the safety of our customers, and we pride ourselves in the safety and quality of our products.

Yamaha Statement on McAnelly vs Yamaha Decision in Los Angeles County, CA

CYPRESS, Calif. – APRIL 15, 2011 – A jury in Los Angeles County, Calif., today unanimously rejected the plaintiffs’ claims and returned a defense verdict in McAnelly vs Yamaha, a case involving an accident on a Yamaha Rhino. This verdict in favor of Yamaha marks the fourth time in California and seventh time in a row that a jury has rejected plaintiffs’ claims regarding the Rhino’s design, finding no defect in the Rhino. In July 2010, a jury found for Yamaha in a Rhino trial in Santa Ana County, Calif., as did a jury in San Bernandino County in August 2010 and a jury in Orange County in April 2011.

The testimony and evidence presented during the trial showed that this unfortunate incident had nothing to do with the design of the product. The incident underscores the importance of following the safety recommendations on Yamaha’s products and in the owner’s manual, and to always operate the products in a safe and responsible manner. Rhinos are recommended for drivers age 16 or older with a valid driver’s license. Drivers and passengers should at all times wear helmets, protective gear including over-the-ankle footwear, and the vehicle’s three-point seat belts. The vehicle is designed for a maximum of two riders, sitting side-by-side in the vehicle’s front seats, and passengers should never ride in the vehicle’s cargo bed.

The Rhino is a safe and useful off-road vehicle when driven responsibly, and has won virtually every “first in class” award and top safety ratings in independent reviews since its introduction.

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product.

To learn more about the Yamaha Rhino, visit our website www.truthaboutrhino.com.

CYPRESS, Calif. – OCTOBER 22, 2010 – A jury in Montgomery, Alabama today rejected the plaintiffs’ claims and returned a unanimous defense verdict in McMahon vs Yamaha, a case involving an accident on a Yamaha Rhino. This verdict in favor of Yamaha marks the fifth time that a jury has rejected plaintiffs’ claims regarding the Rhino’s design, finding no defect in the Rhino, and the second in Alabama. In August, a jury in Alexander City, Alabama found for Yamaha in another Rhino trial.

Yamaha is saddened whenever anyone is injured in a Yamaha product-related accident, and we urge all our customers to follow the safety guidelines posted on the Rhino and in the owner’s manual, and to always operate the products in a safe and responsible manner. Drivers and passengers should at all times wear helmets, protective gear including over-the-ankle foot wear, and the vehicle’s three-point seat belts.

The Rhino is a safe and useful off-road vehicle when driven responsibly, and has won virtually every “first in class” award and top safety ratings in independent reviews since its introduction.

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product.

SxS Vehicles are recommended for use only by licensed drivers age 16 years and older.

The new E-Course is the first formalized educational resource for the growing community of ROV enthusiasts. The course reinforces driver responsibility and helps enthusiasts in identifying:

• Key risk factors associated with ROV operation
• Safe riding practices designed to reduce risk of injury
• The best resources for learning to operate particular vehicle models

The two-hour on-line safety course helps develop safe driving habits but is not a “learn to drive” course. Users can save their progress and stop at any time to pick up later where they left off. At the end of the course users have the option to take an ROV safety quiz to test their knowledge.

Yamaha fully supports the safety rules promoted throughout the online E-course. Visit Yamaha’s Safety Recommendations page for an overview of Yamaha’s safety guidelines and recommendations for Rhino drivers and passengers.

The Recreational Off-Highway Vehicle Association is a national industry organization that promotes the safe and responsible use of ROVs. ROHVA is accredited by the American National Standards Institute (ANSI) to develop equipment, configuration and performance standards. Based in Irvine, Calif., the not-for-profit association is sponsored by Arctic Cat, BRP, Polaris and Yamaha. For more information visit www.rohva.org.

Yamaha Statement on Mathis vs Yamaha Decision in Alexander City (Tallapoosa County), AL

CYPRESS, CA – AUGUST 12, 2010 – A jury in Tallapoosa County, Alabama today rejected the plaintiff’s claims and returned a unanimous defense verdict for Yamaha in Mathis vs Yamaha, a case involving an accident on a Yamaha Rhino in Alexander City, Alabama. This verdict in favor of Yamaha is the second in 24 hours and marks the fourth time a jury has rejected plaintiff’s claims regarding the Rhino’s design, finding no defect in the Rhino.

Yamaha is saddened whenever anyone is injured in an accident involving a Yamaha product and the accident in this case underscores the importance of following the safety guidelines posted on the Rhino and in the owner’s manual, and to always operate the products in a safe and responsible manner. Drivers and passengers should wear helmets, protective gear including over-the-ankle foot wear, and the vehicle’s three-point seat belts at all times.

The Rhino is a safe and useful off-road vehicle that has won virtually every “first in class” award and top safety ratings in independent reviews since its introduction.

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product. To learn more about the Yamaha Rhino, visit our website www.truthaboutrhino.com.

This statement can be attributed to Van Holmes, Public Relations Manager, ATV & SxS Department, Yamaha Motor Corp., U.S.A.

CYPRESS, Calif. – AUGUST 11, 2010 – A jury in San Bernardino County, California has rejected the plaintiff’s claims and awarded no damages today in this case involving an accident on a Yamaha Rhino. This follows another jury decision in favor of Yamaha on July 26, 2010 in a case in Orange County, California, and is the third time a jury has rejected plaintiff’s claims regarding the Rhino’s design, finding no defect in the Rhino.

The jury made a decision based on the facts. The testimony and evidence during the trial showed that this unfortunate incident had nothing to do with the design of the product. Yamaha is saddened whenever anyone is injured in an accident involving a Yamaha product and this incident underscores the importance of following the safety guidelines posted on the Rhino and in the owner’s manual, and to always operate the products in a safe and responsible manner. Drivers and passengers should wear helmets, protective gear including over-the-ankle foot wear, and the vehicle’s three-point seat belts at all times.

The Rhino is a safe and useful off-road vehicle that has won virtually every “first in class” award and top safety ratings in independent reviews since its introduction.

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product. To learn more about the Yamaha Rhino, visit our website www.truthaboutrhino.com.

–This statement can be attributed to Van Holmes, Public Relations Manager, ATV & SxS Department, Yamaha Motor Corp., U.S.A.

The jury’s decision in Orange County, California to reject the plaintiff’s claims and award no damages in this case is appropriate. The jury made a decision based on the facts. The testimony and evidence during the trial showed that this unfortunate incident had nothing to do with the design of the product.

Yamaha is saddened whenever anyone is injured in an accident involving a Yamaha product. This incident underscores the importance of following the safety guidelines posted on the Rhino and in the owner’s manual, and to always operate the products in a safe and responsible manner. Drivers and passengers should wear helmets, protective gear including over-the-ankle foot wear, and the vehicle’s three-point seat belts at all times, and never drive a Rhino when under the influence of alcohol or drugs.

The Rhino is a safe and useful off-road vehicle that has won virtually every “first in class” award and top safety ratings in independent reviews since its introduction.

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product. To learn more about the Yamaha Rhino, visit our website www.truthaboutrhino.com.

To bring such a vehicle to the market took years and years of development. Thousands of hours of testing and evaluation were conducted to ensure the safety of the Rhino before it was ever released.

Since the product was introduced in 2003 it has seen phenomenal growth with very few incidents. Yamaha is deeply saddened if anyone gets hurt using one of our motorsports products, but the reality is that the Rhino has a proven track record as a safe, reliable off-road vehicle. More than 99 percent of owners have enjoyed the Rhino without reported incidents.

Recently, however, a few people have questioned whether the Rhino is safe because of misinformation that has been widely disseminated by plaintiff attorneys. This misinformation, and the law suits for which the advertisements are meant to solicit and support, are based on a very small percentage of users who have had incidents — almost entirely through the misuse of the product (not wearing helmets or seatbelts, not following age or size recommendations, or even operating the vehicle under the influence of alcohol or drugs). Plaintiff attorneys have paid large sums of money in advertising on Web sites, on billboards, and on television targeting the Rhino and making outrageous claims. They have tried to taint its image, but they cannot argue with the facts.

This Web site is designed to provide you with the truth about Rhino. This is your best source for information that can help answer any questions you may have about the Rhino, the company, the 2009 Consumer Product Safety Commission (CPSC) announcement (this was not a recall) and current litigation. We also outline the safety recommendations that Yamaha provides to each customer in the owners’ manuals and on-product warning labels.

Yamaha stands firmly behind the Rhino as a safe, reliable off-road vehicle, and we know that there are thousands of responsible riders across the country that use the Rhino every day safely and as intended. The inappropriate attacks by profit-seeking attorneys will damage the entire industry if we don’t stand up together. We thank our customers and fans for their support and welcome your feedback.

If you’re looking to purchase a Rhino and/or need more specific product information, please check out www.yamahaoutdoors.com.

*Please note: All images and/or video of the Rhino SxS vehicle featured on this site may have been taken prior to the March 31, 2009, voluntary repair program announcement.

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NEWS

11.28.2011 – Defense Verdict in Yamaha Rhino Trial Involving Statute of Limitations

The Maricopa County Superior Court in Phoenix, Arizona, on November 28, 2011, found in favor of Yamaha in a case involving a 2004 Yamaha Rhino 660. In Robles vs Yamaha, the court ruled that Arizona’s statute of limitations barred the plaintiff’s suit. The Superior Court’s decision means that courts in all 10 cases that have gone to trial found in favor of Yamaha.

Read the full press release
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11.15.2011 – Georgia Court of Appeals Reverses Trail Court Ruling Regarding Yamaha Rhino, Orders Judgement for Yamaha

The Court of Appeals of Georgia today unanimously reversed a trial court’s May 2010 decision in favor of plaintiffs and ordered judgment for Yamaha in McTaggart vs Yamaha, a case involving an accident on a Yamaha Rhino. The Court of Appeals’ decision means that courts in all nine cases that have gone to trial have rejected plaintiffs’ claims and found in favor of Yamaha.

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11.03.2011 – Yamaha Employees Support OHV Areas in Southern California

Earlier this October, more than 60 employees, family members and friends of Yamaha convened in the San Bernardino National Forest (SBNF) volunteering more than 200 work hours and kicking off a long-term restoration project at the popular Cactus Flats staging area near Big Bear Lake. Volunteers reached some initial restoration goals through weeding, grubbing, seed collecting, planting native shrubs, watering and other important clean-up projects.

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10.05.2011 – Yamaha GRANTs Save Streams and Promote Responsible Recreation

Yamaha Motor Corp., U.S.A.’s OHV Access Initiative continues to support riding areas across the country including a number of GRANTs (Guaranteeing Responsible Access to our Nation’s Trails) that are helping protect waterways and other natural resources. The latest Yamaha OHV funding includes $10,000 for new bridge construction in Oregon’s Tillamook State Forest trail system.

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10.03.2011 – 2012 Rhino 700 Photos

Yamaha recently announced the 2012 Rhino 700 FI Auto 4×4. To see photos of the 2012 Rhino visit the TruthAboutRhino Flickr page.
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05.11.2011 – Yamaha OHV Access Initiative Contributes More Than $136,000 in First Quarter of 2011

Yamaha Motor Corp., U.S.A.’s national OHV Access Initiative announced its pledge of more than $136,000 in GRANTs (Guaranteeing Responsible Access to our Nations Trails) for the first quarter funding cycle of 2011. The GRANT funds are awarded to nonprofit or tax exempt organizations around the country implementing projects to promote safe, responsible OHV riding and open, sustainable riding areas.

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04.15.2011 – Yamaha Statement on McAnelly vs Yamaha Decision in Los Angeles County, CA

A jury in Los Angeles County, Calif., today unanimously rejected the plaintiffs’ claims and returned a defense verdict in McAnelly vs Yamaha, a case involving an accident on a Yamaha Rhino. This verdict in favor of Yamaha marks the fourth time in California and seventh time in a row that a jury has rejected plaintiffs’ claims regarding the Rhino’s design, finding no defect in the Rhino.

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04.04.2011 – Yamaha Statement on Swainston vs Yamaha in Orange County, Calif.

A jury in Orange County, Calif., today rejected the plaintiffs’ claims and returned a defense verdict in Swainston vs Yamaha, a case involving an accident on a Yamaha Rhino. This verdict in favor of Yamaha marks the third time in California, sixth time in a row and seventh time overall that a jury has rejected plaintiffs’ claims regarding the Rhino’s design, finding no defect in the Rhino. In July 2010, a jury found for Yamaha in a Rhino trial in Santa Ana County, Calif., as did a jury in San Bernandino County, Calif., in August 2010.

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03.28.2011 – “Yamaha Takes on Tort Bar And Wins” Declares Wall Street Journal

“Yamaha Takes on Tort Bar– And Wins” Declares Wall Street Journal. In a March 26, 2011 editorial, the Wall Street Journal comments on Yamaha’ s ongoing Rhino litigation noting that the company “had a strong case” and “did something unusual: it chose to fight.” The editorial goes on to state: “In the absence of tort reform, a belief in one’s products is a company’s best defense, and more companies would benefit from fighting back.” The editorial also highlights information related to the improper use of Rhino vehicles as a key cause of Rhino-related incidents. To read the full editorial, please click here.
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03.21.2011 – Yamaha Statement on Sand vs Yamaha Decision in Warren County, OH

A jury in Warren County, Ohio today rejected the plaintiffs’ claims and returned a defense verdict in Sand vs Yamaha, a case involving a fatal accident on a Yamaha Rhino. This verdict in favor of Yamaha marks the sixth time overall that a jury has rejected plaintiffs’ claims regarding the Rhino.

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02.07.2011 – Yamaha OHV Access Initiative Contributed more than $265,000 in 2010

Yamaha Motor Corp., U.S.A.’s, national OHV Access Initiative contributed more than $265,000 in GRANTs (Guaranteeing Responsible Access to our Nations Trails) in 2010. The program, with a mission to promote safe, responsible riding and open, sustainable riding areas, has invested more than $1.5 million into these critical issues to date.

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10.22.2010 – Yamaha Statement on McMahon vs Yamaha Decision in Montgomery, AL

Unanimous defense verdict in favor of Yamaha marks the fifth time, and the second in Alabama, that a jury has rejected plaintiffs’ claims regarding the Rhino’s design, finding no defect in the Rhino.

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10.06.2010 – ROHVA Launches Interactive Safety E-Course

The Recreational Off-Highway Vehicle Association (ROHVA) has launched the industry’s first interactive online safety E-Course designed to help users understand safety measures that should be taken when operating Recreational Off-Highway Vehicles (ROVs). The ROV E-Course is free and available at rohva.org.

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08.23.2010 – Yamaha Announces 2010 Second Quarter OHV Access Initiative GRANTs

50,000 GRANTed to Five Recipients in Q2; Nearly $1.5 Million to Date Promoting Safe, Responsible OHV Riding and Sustainable, Open Access for Motorized Recreation

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08.12.2010 – Yamaha Statement on Mathis vs Yamaha Decision in Alexander City, AL

Fourth Jury Rejects Plaintiff’s Claims, Finds no Defect with Rhino

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08.11.2010 – Yamaha Motor Corporation, U.S.A., Statement
on Lewis/Hernandez vs Yamaha Trial Verdict in San Bernardino County, CA

Third Trial Verdict in Favor of Yamaha; Jury Finds No Product Defect with Yamaha Rhino

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07.26.2010 – Yamaha Statement on Holt vs Yamaha Trial
Statement on Holt vs Yamaha Trial Verdict in Orange County, CA: Jury Finds No Product Defect with Yamaha Rhino.

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05.27.2010 – Yamaha GRANTs $80,000
Yamaha Motor Corp., U.S.A., through its OHV (off-highway vehicle) Access Initiative GRANTed more than $80,000 in the fourth quarter of 2009. This brings the program’s year-end funding total to more than $685,000 and two-year total to more than $1.3 million in support of the OHV community nationwide.

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05.12.2010 – Yamaha Supports HAVA
Honored American Veterans Afield (HAVA) will conclude its biggest raffle in history – including a donated Yamaha Grizzly 550 FI EPS with an assortment of SureFire products as the grand prize – on May 16, 2010, at the NRA Annual Meeting and Exhibits in Charlotte, N.C.

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Yamaha is disappointed by the jury’s decision to find for the plaintiff in this case and will pursue all appropriate legal remedies, including possible appeal.

Yamaha is saddened whenever anyone is injured in a Yamaha product-related accident, and we urge all our customers to follow the safety recommendations on our products and, as importantly, to always operate the products in a safe and responsible manner.

The plaintiff’s own experts conceded during the trial that the accident could not happen as the plaintiff testified. All the experts agreed that the accident occurred due to the driver’s speed and steering inputs.

The incident illustrates the importance of following the safety guidelines posted on the vehicle and the owner’s manual. The Rhino is a safe and useful off-road vehicle when driven responsibly. Drivers and passengers should wear helmets, protective gear including foot wear, and the vehicle’s three-point seat belts at all times.

Yamaha’s top priority is the safety of our customers, and we pride ourselves in the safety and quality of our products. Over 150,000 Rhino owners have used the vehicles safely, including the U.S. military, border patrol, and a growing number of law enforcement agencies, firefighters and other first responders. In fact, more than 99 percent of Rhino owners have operated their vehicles safely and responsibly over millions of hours of use. The Rhino has won virtually every “first in class” award and top safety ratings in independent reviews since its introduction.

Yamaha stands firmly behind the Rhino as a safe and useful off-road vehicle and will continue to vigorously defend the product. To learn more about the Yamaha Rhino, visit our website www.truthaboutrhino.com.

Recreational Off-Highway Vehicle Association Continues Pioneering Work In Support of Consensus Standards and Occupant Safety

The Recreational Off-Highway Vehicle Association (ROHVA) obtained approval by the American National Standards Institute (ANSI) of the first standard in the world for recreational off-highway vehicles (ROVs), also known as UTVs and side-by-sides, on March 5, 2010, setting an initial benchmark for vehicle design, configuration and performance. To allow it to continue to address ROV performance criteria in this expanding vehicle class, ROHVA initiated the ANSI process for revising the newly approved standard on March 9. As part of the revision process, ROHVA also will continue its efforts to solicit and exchange information and views with the Consumer Product Safety Commission (CPSC) and its staff.

“We are pleased to have completed the initial version of the standard and look forward to the participation of the ANSI consensus body in the revision process,” said ROHVA Chairman, Mike Schmitt.

Over a period of 26 months, the ROHVA Technical Advisory Panel worked expeditiously to develop the ANSI standard, analyzing and debating the complex issues and competing objectives associated with this unique class of vehicles. At the same time, ROHVA was concerned that operator and passenger behavior – largely in violation of existing warnings – contributed to crashes resulting in avoidable injuries and fatalities. In response, ROHVA became the first, and remains the only, national entity with a unified plan to educate consumers and to attempt to change behavior to increase safety, as a supplement to all of the individual manufacturer and distributor efforts. ROHVA has drafted Model State Legislation that would mandate compliance with the ROV Safety Rules www.rohva.org. ROHVA also is developing a state-of-the-art online learning program to further convey and instill critical safety messages.

“ROHVA remains hopeful that CPSC and other stakeholders will partner with ROHVA to promote these important initiatives, which are focused on changing behavior. CPSC data suggests that if we can change certain behaviors, we will improve the safety of operators and passengers,” said Paul Vitrano, ROHVA executive vice president.

Initially published in November 2008, the ROV Safety Rules urge operators and passengers to:

1. Always wear a helmet and other protective gear, use the seat belts, and keep all parts of your body inside the ROV.
2. Never drive on paved roads except to cross when done safely and permitted by law. ROVs are designed to be operated off-highway.
3. Drive only in designated areas, at a safe speed, and use care when turning and crossing slopes.
4. Never drive under the influence of alcohol or other drugs.
5. Never drive an ROV unless you’re 16 or older or have a driver’s license. ROVs are not toys.
6. Never carry more passengers than the ROV is designed for, and never allow a passenger who is too small to sit in a passenger seat to ride in the ROV.
7. Read and follow the operator’s manual and warning labels.

The Recreational Off-Highway Vehicle Association is a national industry organization that promotes the safe and responsible use of ROVs. ROHVA is accredited by the American National Standards Institute (ANSI) to develop equipment, configuration and performance standards. Based in Irvine, Calif., the not-for-profit association is sponsored by Arctic Cat, BRP, Polaris and Yamaha. For more information visit www.rohva.org.