No wonder japanese/european motorcycles, supercars, specialty imports, and kitcars are cautious to be sold in America. I'm a gun owner and all but I'd have the devil's own job to explain why a S&W co. magnum revolver is less liable for death or injury than a Prodrive Subaru STI.
@IronicalBalls: From what I understand from reading bike magazines, the helmet manufacturers have a hell of a time. Someone crashes and dies at 100 mph and they were wearing a helmet, very often there's a lawsuit because the helmet didn't make the victim think more clearly or something. People want magic helmets.
You know, it's hard to do the right thing sometimes. It's hard to accept that the unpleasant thing is sometimes the proper thing.
In this case, I'm sorry to say it, but it's a perfect example of transferral of blame. The parents clearly can't accept that they could be responsible for what happened to their child. I can understand this; losing a child is probably the hardest thing a parent could ever have to deal with. But simply thrashing around blindly for someone to blame isn't the solution.
It may seem cruel to say so, particularly after the parents lost a child, but they are the ones to blame here, not Yamaha. Unfortunately, everyone is going to dance around that issue in trying to console them. Nobody wants to say it, but it's the parents responsibility to make sure the equipment is used properly, and used by people who know what they're doing. These are big, powerful machines, not appropriate for a child; but to blame the manufacturer for making it, rather than the user for not operating it properly, is just silly.
If this was in a different context (say in a work situation involving an adult for example), operator competency would be the first question that would be asked. I’m not saying a 13 year old can’t be proven competent, however, operating an ATV is a fairly large responsibility for someone of that age. ATV’s are big, fast, and dangerous. Did the child (and in this case, the parents) fully understand the consequences of operating that piece of machinery… I’m thinking not.
@Deartháir II: The Return: Well said and I totally agree with you. If the situation was the vehicle was malfunctioning and caused the accident that would be one thing. But the vehicle provided proper safety features like a seatbelt and of course the child wasn't wearing it. It is a sad case but like you said it's a transferral of blame.
@CaffeineFuelled: It seems to me that a lot of people with more money than sense buy things like this to occupy their children as toys and they just disregard the inherent danger.
These are usually people that didn't have the experience of an endo on a Honda 50 at 6 (first indication to me that the helmet I was wearing might be important) years old themselves and have no business turning their children loose on these things.
Then again, my daughter had more sense than I (as an adult) when she was a child so I might have been somewhat lucky. I've always been one of those "do as I say, not as I do-your father is a confirmed idiot" kind of dads.
@dimsum4u: You know, that's a good point. In most other lawsuits, it wouldn't have even made it to trial if the plaintiff had admitted the safety equipment wasn't being used. How did this case even make it in front of a jury??
@mytdawg: True enough. What happened to the good old days when the parents would buy the kid a PlayStation to act as the babysitter? Next someone will be filing a lawsuit against Ruger stating that they bought a rifle for their 9 year old and little Bobby accidentally offed one of his friends.
The difference between you and those parents is that you KNOW what you do is maybe not the safest way to do things, and instruct your daughter accordingly. Somehow I doubt that was the case in this situation. I’m not sure what the specs are for the Rhino, but I know my Grizzly will do 110km/h… that information alone leads me to believe a 13 year old probably should not be operating that ATV unless it has a speed lockout. Rolling the thing doesn’t require you to be going much beyond 1km/h, depending on terrain. Experience is a big factor to take into account. Granted, he should have been wearing a seatbelt and helmet, but would someone more experienced have known the ATV would roll if driven where and how Forest did?
Don’t get me wrong though, I do feel bad for the family. I’m not completely cold and heartless.
If Yamaha would simply make these ATVs with a wheelbase of about 10ft wide, a wheelbase about 14ft long, install full size doors and then install automatic robotic seat belts, this kind of thing could be avoided.
If Yamaha would simply make these ATVs with a wheeltrack of about 10ft, a wheelbase about 14ft long, install full size doors and then install automatic robotic seat belts, this kind of thing could be avoided.
The trip and slip lawyers are in mourning today, but don’t worry they shall regain strength, regroup and again return to fight for what is not theirs, another day.
I sympathize with anyone who loses someone as a result of an accident, and it may even have given the family some solace to give a lawsuit their best shot, but the first three sentences in this post say it all.
If a 13-year old is going to operate one of these, they'd better know how to operate it, know where you can drive it and where you shouldn't, and know what to do if something goes wrong.
And most importantly, not wearing a helmet and seatbelt is always asking for trouble. I am assuming this is not an instance where the operater simply forgot to wear a helmet "this time", but never wore them.
We are not a full-on nanny state, and the engine will start even if we don't wear helmets seatbelts (about 20% of Americans still don't wear them in their cars.)
But understanding the mortal risks of ignoring the safety rules is the responsibility of those who ignore them, not those who made them.
First off, I feel horrible for the family that lost their child. My condolences. As someone who has had various dirtbikes and atv's, I would have to say fault usually lies with the operator. I have rolled my atv's and crashed my bikes, and in every instance it was my fault. I was either on pavement, traveling too fast, or doing something along the lines of, "Here, hold my beer."
I did the "Here, hold my beer" Saturday night on my Quad. Whole lot of stupid in me driving home when the weather and I where three sheets of rain to the wind.
@lilwillie hides autos in the attic: My cousin's buddy did the same thing last week. I watched him ride a wheelie across a field in which was a steel cable for a dog's run. I saw him heading towards it and yelled to get his attention. He didn't hear me, got entangled, and ripped open his hand. It was pretty bad, you could see the bone and tendons.
I thought Texans were a rugged, take no nonsense, self sufficient type of people. According to a few self rightious politicians, Texans don't need to litigate, because justice is served looking down the barrel of a gun. And they are always looking for tort reform, to minimize any potential windfall for the plaintiff.
Oh well, just another myth in the ongoing culture war. By the way, where were the parents when the kid was using this thing?
It sucks that kids and others have died in the Rhino accidents, but...
Good for Yamaha. The Rhino is a good rig if you follow the proper use and don't try to be a dumb ass on one. That I am speaking from experience.
Being a dumb ass. I am really good at doing that.
Amazing I haven't died on my ATVs. I have done some really dumb things and I am amazed my Three Wheeler is still up and running after the abuse I put it through.
Remember those things? Remember how they where outlawed because they where so dangerous? Pfffft, that little Honda 110cc I grew up on never did anything to me that I didn't deserve.
@lilwillie hides autos in the attic:
That's why I stuck with a dirt bike. Some of my dumb-ass friends bout trikes and quads. I kept my own super-dumb-ass on a machine that would fall over before I got into two much trouble. That was the theory anyway.
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Tiberiuswise is all ate up with sarcasm was unstarred
@Tiberiuswise: I've been riding dirt bikes for over 30 years and I've done some REALLY stupid shit over the years. To myself. I have no idea what it feels like to lose a child.
I do however know what it feels like to teach one the use of a vehicle and safety equipment and to supervise the use of them. Some people don't get it, they have no business operating machinery. If they can't follow the rules then they shouldn't be on it.
You let your kid out without safety equipment and proper instruction, you're a dumbass. You failed, not Yamaha. I won't even take a kid for a ride on a motorcycle without ALL of it. No exceptions. Accidents are always a possibility regardless of skill or experience. It wouldn't be much fun if it wasn't dangerous, speaking for myself.
All the lawsuits I've missed out regardless of my own carelessness and negligence. Damn.
Never really felt the need for a quad. It would be nice to have one to plow the sidewalks in the winter (actually as a lame excuse to zip around town on one) but I've flipped enough bikes. Just can't justify it.
@mytdawg: I do feel for anyone that's lost a child. But if the loss was because of carelessness, improper equipment use or maintenance as opposed to a design or equipment failure than I don't believe you should be compensated for or entitled to jack shit.
Nice! Hill Climbing is always fun stuff! My father raced Harley hill climbers back in the 60's around Southern Wisconsin. He scared me away from bikes with his carnage stories.
@mytdawg:
Just the other day I saw a 10 year old speeding down a hill on a bicylde. Both hands went off the bars to catch a helmet that wasn't strapped. Then he grabbed the bars and hit the front brake too hard, went head over heels onto the pavement while the helmet went flying. He missed smacking the back of his head on the pavement by inches. As he got up to get yelled at by his mother (who saw the whole thing) I pushed my heart back down my throat and re-affirmed my commitment to make sure my son always wears his helmet any time wheels are under him.
I can't imagine losing a child like that, but these plaintiffs need to realize that fault doesn't exist simply because the legal system makes it easy to them to try to find it. Glad to see justice (and common sense) prevailed. Condolences to the family.
/on related note, I've been listening to the newest DMB album for a couple weeks
@Ash78: Aw, now you went and reminded me about Leroi. I actually was at one of his last shows; he was a fantastic sax player. I like Jeff Coffin though, he brings a different energy to the band that I like. His addition, and the return of Tim Reynolds have really livened up their sound.
Anyways... I'm glad to see Yamaha wasn't held responsible for this accident. If the safety equipment wasn't even in use, and the vehicle was being driven stupidly, that's operator error.
@BWa1k: Yeah, I saw Bela Fleck and crew back in '96 and again in '02. Jeff is definitely a great musician, it's just a different feel. I think it works--I'm slowly coming around to the new album, but I first had to understand that we're never going to have another UTTAD, Crash, or even BTCS.
@Ash78: It's such a good album. It really says something about Leroi that they had to bring in something like three or four other people to do what he did for an album, and I think it's all the better that they made a tribute to him. I've been a DMB fan for years, Leroi is gonna be missed at the concerts.
Hm. Volkswagen drivers listening to DMB. We hardly pander to stereotypes at all, do we?
08/31/09
Hopefully this trend continues.
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@mytdawg: What they need are tinfoil hats!
08/31/09
08/31/09
In this case, I'm sorry to say it, but it's a perfect example of transferral of blame. The parents clearly can't accept that they could be responsible for what happened to their child. I can understand this; losing a child is probably the hardest thing a parent could ever have to deal with. But simply thrashing around blindly for someone to blame isn't the solution.
It may seem cruel to say so, particularly after the parents lost a child, but they are the ones to blame here, not Yamaha. Unfortunately, everyone is going to dance around that issue in trying to console them. Nobody wants to say it, but it's the parents responsibility to make sure the equipment is used properly, and used by people who know what they're doing. These are big, powerful machines, not appropriate for a child; but to blame the manufacturer for making it, rather than the user for not operating it properly, is just silly.
08/31/09
If this was in a different context (say in a work situation involving an adult for example), operator competency would be the first question that would be asked. I’m not saying a 13 year old can’t be proven competent, however, operating an ATV is a fairly large responsibility for someone of that age. ATV’s are big, fast, and dangerous. Did the child (and in this case, the parents) fully understand the consequences of operating that piece of machinery… I’m thinking not.
Congrats to Yamaha.
08/31/09
08/31/09
These are usually people that didn't have the experience of an endo on a Honda 50 at 6 (first indication to me that the helmet I was wearing might be important) years old themselves and have no business turning their children loose on these things.
Then again, my daughter had more sense than I (as an adult) when she was a child so I might have been somewhat lucky. I've always been one of those "do as I say, not as I do-your father is a confirmed idiot" kind of dads.
08/31/09
08/31/09
The difference between you and those parents is that you KNOW what you do is maybe not the safest way to do things, and instruct your daughter accordingly. Somehow I doubt that was the case in this situation. I’m not sure what the specs are for the Rhino, but I know my Grizzly will do 110km/h… that information alone leads me to believe a 13 year old probably should not be operating that ATV unless it has a speed lockout. Rolling the thing doesn’t require you to be going much beyond 1km/h, depending on terrain. Experience is a big factor to take into account. Granted, he should have been wearing a seatbelt and helmet, but would someone more experienced have known the ATV would roll if driven where and how Forest did?
Don’t get me wrong though, I do feel bad for the family. I’m not completely cold and heartless.
08/31/09
08/31/09
If Yamaha would simply make these ATVs with a wheelbase of about 10ft wide, a wheelbase about 14ft long.... They'd violate the laws of space-time!
08/31/09
If Yamaha would simply make these ATVs with a wheeltrack of about 10ft, a wheelbase about 14ft long, install full size doors and then install automatic robotic seat belts, this kind of thing could be avoided.
08/31/09
08/31/09
08/31/09
If a 13-year old is going to operate one of these, they'd better know how to operate it, know where you can drive it and where you shouldn't, and know what to do if something goes wrong.
And most importantly, not wearing a helmet and seatbelt is always asking for trouble. I am assuming this is not an instance where the operater simply forgot to wear a helmet "this time", but never wore them.
We are not a full-on nanny state, and the engine will start even if we don't wear helmets seatbelts (about 20% of Americans still don't wear them in their cars.)
But understanding the mortal risks of ignoring the safety rules is the responsibility of those who ignore them, not those who made them.
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08/31/09
I did the "Here, hold my beer" Saturday night on my Quad. Whole lot of stupid in me driving home when the weather and I where three sheets of rain to the wind.
08/31/09
08/31/09
Oh well, just another myth in the ongoing culture war. By the way, where were the parents when the kid was using this thing?
08/31/09
Here's a good example:
[thinkprogress.org]
08/31/09
Zappa's "Dumb All Over" springs to mind here.
08/31/09
Good for Yamaha. The Rhino is a good rig if you follow the proper use and don't try to be a dumb ass on one. That I am speaking from experience.
Being a dumb ass. I am really good at doing that.
Amazing I haven't died on my ATVs. I have done some really dumb things and I am amazed my Three Wheeler is still up and running after the abuse I put it through.
Remember those things? Remember how they where outlawed because they where so dangerous? Pfffft, that little Honda 110cc I grew up on never did anything to me that I didn't deserve.
08/31/09
That's why I stuck with a dirt bike. Some of my dumb-ass friends bout trikes and quads. I kept my own super-dumb-ass on a machine that would fall over before I got into two much trouble. That was the theory anyway.
08/31/09
08/31/09
I do however know what it feels like to teach one the use of a vehicle and safety equipment and to supervise the use of them. Some people don't get it, they have no business operating machinery. If they can't follow the rules then they shouldn't be on it.
You let your kid out without safety equipment and proper instruction, you're a dumbass. You failed, not Yamaha. I won't even take a kid for a ride on a motorcycle without ALL of it. No exceptions. Accidents are always a possibility regardless of skill or experience. It wouldn't be much fun if it wasn't dangerous, speaking for myself.
All the lawsuits I've missed out regardless of my own carelessness and negligence. Damn.
Never really felt the need for a quad. It would be nice to have one to plow the sidewalks in the winter (actually as a lame excuse to zip around town on one) but I've flipped enough bikes. Just can't justify it.
08/31/09
@lilwillie hides autos in the attic: Here's my "Hey ya'll watch this!" quad picture:
08/31/09
Just to clarify.
08/31/09
Nice! Hill Climbing is always fun stuff! My father raced Harley hill climbers back in the 60's around Southern Wisconsin. He scared me away from bikes with his carnage stories.
08/31/09
No need to clarify. I think everyone feels the same. In the end, the old rule applies.
"You can't fix stupid."
08/31/09
Just the other day I saw a 10 year old speeding down a hill on a bicylde. Both hands went off the bars to catch a helmet that wasn't strapped. Then he grabbed the bars and hit the front brake too hard, went head over heels onto the pavement while the helmet went flying. He missed smacking the back of his head on the pavement by inches. As he got up to get yelled at by his mother (who saw the whole thing) I pushed my heart back down my throat and re-affirmed my commitment to make sure my son always wears his helmet any time wheels are under him.
08/31/09
08/31/09
/on related note, I've been listening to the newest DMB album for a couple weeks
08/31/09
Anyways... I'm glad to see Yamaha wasn't held responsible for this accident. If the safety equipment wasn't even in use, and the vehicle was being driven stupidly, that's operator error.
08/31/09
08/31/09
Hm. Volkswagen drivers listening to DMB. We hardly pander to stereotypes at all, do we?
08/31/09