A 13-year-old boy was killed when the Yamaha Rhino he was riding in rolled over. His parents filed the wrongful death lawsuit against Yamaha in 2007 claiming that the poor design and inadequate safety features of the Rhino directly contributed to the boy’s death.
Yamaha wanted the case to go to arbitration. The court however ruled that the lawsuit could proceed to trial.
Yamaha Rhinos are well known for rolling over very easily due to its narrow width and high center of gravity. Yamaha designed the Rhino to be narrow so it could fit into the bed of a pickup truck. According to the CPSC, many Rhino rollovers “appear to involve turns at relatively low speeds and on level terrain.”
Yamaha hoped that since the plaintiffs signed an agreement, which would keep the case from going to a trial. Court documents showed that the agreement contained an arbitration clause. But the company did not file a motion to force arbitration until June 1. So, the plaintiff’s argument that Yamaha had waived its right to arbitration was successful.