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In March 2009, Laurie Perry was operating a 2008 Yamaha Rhino 700 ATV that she had purchased from a Victoria dealership when it rolled over, resulting in serious injuries to her left hand and body.
Laurie and her husband, Drew Perry, sued Yamaha Motor Corp. U.S.A., claiming that the rollover was the result of negligence on behalf of Yamaha. They stated that the company knew the Rhino was defectively designed, manufactured and/or marketed to people likely to use the product for its intended purpose.
“The defendants had a duty to warn the user of the defective design,” stated counsel for the Perrys.
The personal injury case was first filed in federal court in Victoria in August 2009, but was then transferred to federal court in Louisville, Ky., where the defendants already have a pending multi-district case pertaining to their Rhino all-terrain vehicles.
The case was sent back to the Victoria court in December.
In a formal response filed with the courts in September 2009, Yamaha denied the allegations against them, claiming Laurie Perry was negligent in the operation of the Rhino.
Yamaha does not comment on ongoing litigation, but has stated, ”More than 99 percent of Rhino owners have operated their vehicles safely and responsibly over millions of hours of use. We stand firmly behind the Rhino as a safe and useful off-road vehicle and will vigorously defend the product.”
If you or someone that you know has been injured as a result of what may be a product defect, you may be entitled to receiving compensation. Although not all accidents are the fault of the manufacturer, oftentimes its worth looking into since the injured will likely incur financial strain from hospital bills, time away from work and ongoing therapy.
In cases such as these, we are happy to discuss your options and whether the case can be resolved outside of court.
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