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Friday, January 15, 2010

Yamaha Releases Statement on Recent Dismissals of Rhino Lawsuits

Safety drives everything we do at Yamaha. We are proud of the safety record and safety features of the Yamaha Rhino, which has skyrocketed in popularity due to its exceptional reliability, safety and versatility. Over 150,000 Rhino owners have used our vehicles safely, including the U.S. military, border patrol, and a growing number of law enforcement agencies, fire fighters and other first responders. The Rhino has won virtually every “first in class” award and top safety ratings in independent reviews since its introduction.

The popularity of the Rhino, and the fact that it represents a new category of off-road motorized vehicles, has made it a target for some plaintiffs’ lawyers who increasingly use the Internet, television advertisements and the news media to attract clients. Nevertheless, in the past three months, more than 50 Rhino-related lawsuits against Yamaha have been dismissed either by the courts or by the plaintiffs. Most recently, The Estate of Ellen Sand versus Yamaha Motor Corporation, LTD in Warren County, Ohio was withdrawn by the plaintiff’s own lawyers only days before the case was scheduled to go to trial, and in Alabama, the court granted Yamaha’s motion for summary judgment and dismissed the case in Robert Lamar Smith III versus Yamaha Motor Corporation, LTD. These actions are not surprising considering Yamaha was victorious in the first Yamaha Rhino case tried in 2009 in Texas and in light of another court’s recent exclusion of plaintiff’s expert engineering and accident reconstruction witnesses in another matter.

Yamaha stands firmly behind the Rhino and will continue to vigorously defend the product. The Rhino is a safe and useful off-road vehicle when driven responsibly and according to the instructions and warnings in our on-product labels, owner’s manuals, and other safety materials.

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. 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.

Yamaha stands firmly behind the Rhino as a safe, reliable off-road vehicle, and we know that there are thousands of responsible riders across the country that use the Rhino every day safely and as intended. The inappropriate attacks by profit-seeking attorneys will damage the entire industry if we don’t stand up together.

More information can be found at www.truthaboutrhino.com

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