The multi-district litigation (MDL) in the Yamaha Rhino rollover lawsuits continues to move forward in the Western District of Kentucky, with the products liability attorneys at Pritzker Olsen playing a central role.  At the outset of the litigation, the federal judge presiding over the Rhino MDL, Judge Jennifer B. Coffman, appointed Eric Hageman of Pritzker Olsen to serve on the Plaintiffs’ Steering Committee. More recently, Judge Coffman issued the initial Case Management Order, setting the schedule for all of the MDL cases.

As outlined in the Order, all non-expert fact discovery must be completed on cases currently in the MDL by February 1, 2010, with all discovery to be completed by April 1, 2010. If cases are not resolved via pre-trial settlement, trial of the cases will begin June 1, 2010.  A proposal regarding a “comprehensive case resolution program for the MDL cases” will be made to Judge Coffman by September 30, 2009.

Even though no Rhino rollover cases have yet gone to trial, the benefits of the nationwide Rhino rollover litigation are already becoming apparent. Yamaha has seemingly acknowledged the existence of some of the very defects which are being alleged in the Rhino rollover lawsuits.  The defects which make the Rhino prone to tip over and seriously injure its occupants include the following:

• top-heavy design
• dangerously narrow track width
• high center of gravity
• wheels that are too small to maintain stability
• steering geometry that facilitates rollovers and tip overs even at low speeds and on flat terrain
• heavy rigid steel roll cage that has no safety padding, lack of doors, leg guards, or other enclosures to protect occupants
• lack of handholds or handles for passengers
• defective restraint systems

On March 31, 2009, Yamaha announced a repair program to address some of the same rollover safety defects which are being advocated in the MDL. In apparent recognition of the dangers posed by the Rhino, Yamaha has advised that consumers should not use Rhinos until the safety defects are repaired.
Pritzker Olsen attorneys will continue to play a leading role in the Rhino rollover litigation and will push for even greater safety changes on the Rhino.

To contact Pritzker Olsen law firm, please call 1-888-377-8900 (toll free) or submit our Rhino Rollover free consultation form.

Pritzker Olsen law firm is representing victims, and we are litigating a number of Rhino rollover cases throughout the United States.  If you have a Rhino rollover case you would like to discuss with one of our attorneys, please contact our law firm: 1-888-377-8900 (toll free) or submit our Rhino rollover free consultation form.

Pritzker Olsen Attorney Appointed to Leadership Position on
Federal Committee Overseeing Rhino Rollover Lawsuits

One of our attorneys, Eric Hageman, has been appointed to the Plaintiffs’ Steering Committee in the multi-district litigation over rollover accidents involving Rhino all-terrain vehicles (ATVs) made by Yamaha Motor Corp.  This committee will be overseeing the litigation of Rhino rollover lawsuits throughout the United States.

The decision by U.S. District Court Judge Jennifer B. Coffman of the Western District of Kentucky reinforces PritzkerOlsen’s leadership position in the complex litigation that has stemmed from hundreds of serious rollover injuries and at least 46 driver and passenger deaths.

Many of the Rhino rollover lawsuits involve turns at relatively low speeds and on level terrain. The alleged Rhino rollover hazard has been investigated by the U.S. Consumer Product Safety Commission (CPSC), the federal agency that oversees product recalls. CPSC has advised consumers not to use certain Yamaha Rhino ATVs until they are repaired under a recall program by the manufacturer.  Read about the Yamaha Rhino recall.

By virtue of Hageman’s appointment to the Plaintiff’s Steering Committee, “we’re on the front lines of this litigation and in position to shape the outcome,”  Hageman noted.  He added, “It’s also recognition by the court that we have an important stake in this and that we know what we’re doing.”

Attorney Eric Hageman has significant litigation experience in state and federal courts. He has successfully tried numerous cases to juries in his career and has successfully argued appeals at both the state and federal level. In recognition of his accomplishments, Mr. Hageman has been named a “Super Lawyer” by Law & Politics, a publication dedicated to promoting excellence in the legal field, for five consecutive years, 2004 through 2008.  He was named a “Rising Star” by Law & Politics every year from 1999 to 2004. He is also AV-rated by Martindale-Hubbell.

To contact attorney Eric Hageman, please call 1-888-377-8900 toll free or submit our Rhino rollover free consultation form.

Our law firm is suing Yamaha and its related companies on behalf of people who were seriously injured or killed while operating or riding in a Yamaha Rhino.

Are you interested in pursuing a Yamaha Rhino Rollover lawsuit? Here are 10 factors we consider in evaluating Yamaha Rhino rollover cases:

1. The severity of the injuries – Given the cost and complexity of a Yamha Rhino lawsuit, we are accepting cases that involve serious, life-changing injuries.  We are also accepting cases involving a Yamaha Rhino death.
2. The speed of the turning maneuver – The Yamaha Rhino may roll over at relatively low speeds. Thus, if the turn that caused the rollover was less than 20 MPH, this would be an important factor in our consideration.
3. The topography of the crash site – The Yamaha Rhino may roll over even on level or near level ground.
4. The sharpness (or lack thereof) of the turning maneuver – The Yamaha Rhino may roll over even if the vehicle is not turned sharply.
5. The use of seat belts – We prefer cases that involve the use of seat belts, but depending on the circumstances, we are accepting cases that do not involve seat belt use.
6. The age of the operator – Yamaha manuals specify that the Rhino operator must be sixteen or older. However, Yamaha clearly knows that operators are often under sixteen and must take that into consideration in designing this ATV.
7. The use of alcohol or other intoxicants – we are not accepting Yamaha Rhino rollover cases in which the operator is impaired (having a beer or two does not necessarily constitute impairment).
8. The condition of the Rhino at the time of the crash – Our cases generally do not involve machines that were in poor condition or extensively modified.
9. Whether the Rhino had been retrofitted with replacement doors, warnings and handholds prior to the crash – As a result of the many rollovers involving the Rhino, Yamaha announced free retrofits including doors, handholds and warnings. Most of our cases involve machines that were not retrofitted.
10. The experience of the operator – Rhinos have been known to roll over even while being operated by experienced operators.

Putting it all together, most of our cases involve serious injuries by a passenger or operator while the Rhino is being operated in a reasonable and foreseeable manner (i.e. at speeds less than 20 MPH, on relatively level ground, while not undergoing a sharp or aggressive turn).

If your case involves those criteria, we would be very interested in talking to you about a Yamaha Rhino lawsuit. For a free consultation, please call us toll-free at 1-888-377-8900, email us at fhp@pritzkerlaw.com or use our convenient Rhino rollover case consultation form.