Yamaha Wins First Rhino Lawsuit; Jury Finds No Product Defect

JoeyD23

#utvunderground
I pulled this from UTVWeekly.com

Yamaha Wins First Rhino Lawsuit; Jury Finds No Product Defect : UTVWeekly.com

Yamaha Motor Corporation, U.S.A., Statement on Ray vs Yamaha Trial Verdict in Orange, TX
Jury finds no product defect with Yamaha Rhino

CYPRESS, Calif. – August 27, 2009 – 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 jury’s decision 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 tragic accident had nothing to do with the design of the product. Yamaha’s top priority is and always has been the safety of our customers, and we pride ourselves on the safety and quality of our products.
This accident demonstrates the importance of following the safety guidelines posted on the vehicles and the owner’s manuals. Rhinos are designed for off-road use only, and the vehicle is only recommended for adult drivers aged 16 or older with a valid driver’s license. Passengers must be large enough to keep their backs against the seat backs with both feet firmly on the floorboard. Drivers and passengers should wear helmets and the vehicle’s three-point seat belts at all times.â€ÂÂYamaha 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 “, Van Holmes, Public Relations Manager, ATV & SXS Department, Yamaha Motor Corp., U.S.A.

The vehicle’s safety recommendations warn against drivers under 16 operating the machine. A warning label also cautions that the vehicle is for off-road use only and must be operated with seatbelts and protective gear.

The case is Ray v. Yamaha Motor Corp. USA, B070626-C, 163rd Judicial District, Orange County, Texas (Orange).

About Yamaha Motor Corp., U.S.A.
Yamaha Motor Corporation, U.S.A. (YMUS), a leader in the motorsports market, offers the toughest, most capable and versatile ATV and Side-by-Side vehicles. The company’s ever-expanding line of products also include motorcycles, outboard motors, personal watercraft, snowmobiles, boats, outdoor power equipment, race kart engines, accessories, apparel and much more. YMUS products are sold through a nationwide network of more than 4,000 dealers in the United States.
Headquartered in Cypress, Calif., since its incorporation in 1977, Yamaha also has facilities in Wisconsin and Georgia, as well as factory operations in Tennessee and Georgia. For more information on Yamaha, visit America's Most Diverse - Yamaha Motor Corporation, USA, Home.
 
Here is an article on the trial I found today!

Southeast Texas jury finds Yamaha not negligent in first Rhino rollover trial | Southeast Texas Record

(There is a poll on the right side of that piece.....VOTE and keep supporting Yamaha!!)

Also, let me say that this is HUGE for Yamaha, huge for the industry, and huge for any enthusiast of the Yamaha Rhino (maybe even for other UTV's)!

From what I have been reading, it's the plaintiff's attorneys who were pushing for a trial in front of a jury....they must have thought that they could sway "normal people" the same way they have succeeded in swaying the media and others who were never presented with the proper facts.

Well.....it appears that when this jury WAS presented with the correct information (again, something which the media and the attorneys have never done!), and Yamaha was allowed to present the facts......that common sense prevailed, and the Yamaha Rhino was NOT found to be defective! (I have a mental picture of the Plaintiff's attorneys pushing a Rhino into the courtroom, and, after getting the attention of Judge and Jury, sitting in it and telling it to flop over onto it's side....but it just sits there. Quietly......I know...I'm a little weird! LOL!)

The fact that they won this first case is important because, if I recall from my pre-law courses, future cases will look back on this case and will take into account how it was ruled - plus, it should take some of the wind out of all of these plaintiff attorneys sails - AND it restores my FAITH in MANKIND - at least for a while!

I applaud Yamaha for not rolling over and giving in when the odds seemed stacked against them - for believing wholeheartedly in their product and in their company - for fighting the good fight for all of us Rhino people out here - and for retaining utmost professionalism at all times, which is even evident in this press release......

They have won this battle, but the war isn't over. Let's make sure we do all we can to keep the momentum going in Yamaha's (and ultimately, all of ours) favor! I am headed over to the CBS website to make sure they see the results of this trial!!
 
Thats great news for Yamaha and will no doubt have some effect on lawsuites to come. Better yet it is good news for the whole industry. You know Kawasaki, Polaris and all the Chinese manufactures were looking at this first case and feel much better after this decision. Congradulations Yamaha!
 
This is right by my house...I hate to see anyone from here even trying the lawsuit...but I will say the jury...which was composed of locals realized that its not the machines fault...yet the operator. Good for Yamaha
 

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