I'm sure there are other plaintiffs in the queue with facts more in their favor. That were following all the recomended safety guidelines - THAT's when Yamaha is going to have to have a harder argument. Even for this case, they did have independent testing done to determine tip-ability of the Rhino - compared to other UTVs. The testimoney was that basically that when the Rhino is operated correctly, they aren't any more tippable than should be expected.
They'll probably have to pull that report (and that witness) out repeatedly in the coming court cases. Some will be harder - legs trapped against something, hands or arms going flying.
But it still irks me - at what point in our society did we quit taking responsibility for our own actions, decide that we should always look for someone with deep pockets to write us a check for a tragic accident? I can't picture lawsuits for when wheels fell off the ol' covered wagon, and then the little prairie kids were set for life. Spit happens, I'm sorry. It sucks. Why is your life worth a check when other people just DEAL with it and get on with it? You are in horrible pain, I get it. You want to find someone to blame. Does that bring your loved one back?
And I GUARANTEE that whether you win or lose that lawsuit, the next guy isn't going to think twice about sending their 12 year old out to drive a 1,000 pound toy unsupervised. If they would have done it before, they are still going to do it.
Why not spend your lawsuit time out campaigning for rider safety? Help others learn the lesson that's too late for you. I know families that have suffered tragedy, and that's where their energies - and personal money in fact - went next.
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