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Author Topic: Parents of boy killed on ATV suing maker  (Read 13347 times)
BIGREDTIDE
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« Reply #25 on: September 10, 2007, 12:36:01 PM »

ATV's aren't dangerous if ridden/driven with common sense, maturity, responsibility, and experience/training. 

Children DO NOT possess enough of these to be riding these machines.  Heck....a large %'age of ADULTS don't either!!

Most injuries/deaths are due to inexperience, irresponsible riders doing excessive speed, riding beyond the machines intended use.

Sad but true....
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« Reply #26 on: September 10, 2007, 02:41:36 PM »

It's sad to see anyone died riding an ATV or RUV. Do I think Yamaha is responsible...no. I've had my Rhino for a year and driven it pretty hard through all kinds of terrian, high speed turns, etc... and only came close to rolling it once and I was doing a doughnut at the time. Truth is if you drive it with common sense you'll be fine. Thier is an increase in risk of breaking ankles, legs with the Rhino simply because if they do roll over the operator tends to put thier leg out to stop it from falling...thus the need for the new doors.

When operating any RUV with a child inside there should be no reason to drive so wrecklessly that they could be tossed out of it. Hell I went I ride with another passenger regardless of age I tend to drive a bit slower. The blame should be placed on the driver of the Rhino not the manufacturer. What next start suing Smith and Wesson for manufacturering a weapon that can kill someone?

Bill
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« Reply #27 on: September 10, 2007, 04:01:04 PM »

From the story's...it was the small child himself that was driving it.

GODspeed 'lil fella.
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« Reply #28 on: September 10, 2007, 05:11:27 PM »

ATVs aren't dangerous if ridden/driven with common sense, maturity, responsibility, and experience/training. 


So ,ATVs aren't dangerous if ......ridden/driven with common sense, maturity, responsibility, and experience/training?  YOU ARE WRONG !!!!! Fact......ATVs ARE VERY DANGEROUS!!!! Accidents happen to the most experienced riders/drivers .I don't care who you are or how long you been riding or what you know !  IF you tell yourself ,your friends that don't know better or your children that ATVs are NOT dangerous then you are asking for trouble before they even get on!  Fact .....ridden/driven with common sense, maturity, responsibility, and experience/training. .....Will "help" prevent accidents from happening....Not stop them.  ATVs  will always be dangerous.....know that , tell your children and teach them to respect the potential danger.
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« Reply #29 on: September 11, 2007, 07:47:27 AM »


When operating any RUV with a child inside there should be no reason to drive so wrecklessly that they could be tossed out of it. Hell I went I ride with another passenger regardless of age I tend to drive a bit slower. The blame should be placed on the driver of the Rhino not the manufacturer. What next start suing Smith and Wesson for manufacturering a weapon that can kill someone?

Bill


I believe this has been tried numerous times and fortunately failed. People in this country really need to learn about personal responsibility for their actions, and stop relying on lawyers so much to cover up their own issues. I blame it on junk food.



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« Reply #30 on: September 11, 2007, 08:09:51 AM »

The minute Yamaha started offering free doors & handholds, they placed themselves liable. They will win this lawsuit.
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« Reply #31 on: September 11, 2007, 08:11:51 AM »

The kid is an idiot. I can just imagine them all yelling and screaming with excitement while they just kept on the gas around the turn because they had daddy's $10,000 toy.

They didn't deserve to die but I hope their case fails miserably.
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« Reply #32 on: September 11, 2007, 08:46:57 AM »

The minute Yamaha started offering free doors & handholds, they placed themselves liable. They will win this lawsuit.

I agree, but it doesn't make it right.

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« Reply #33 on: September 11, 2007, 10:15:39 AM »

ATVs aren't dangerous if ridden/driven with common sense, maturity, responsibility, and experience/training. 


So ,ATVs aren't dangerous if ......ridden/driven with common sense, maturity, responsibility, and experience/training?  YOU ARE WRONG !!!!! Fact......ATVs ARE VERY DANGEROUS!!!! Accidents happen to the most experienced riders/drivers .I don't care who you are or how long you been riding or what you know !  IF you tell yourself ,your friends that don't know better or your children that ATVs are NOT dangerous then you are asking for trouble before they even get on!  Fact .....ridden/driven with common sense, maturity, responsibility, and experience/training. .....Will "help" prevent accidents from happening....Not stop them.  ATVs  will always be dangerous.....know that , tell your children and teach them to respect the potential danger.

Tell me where I noted that this would stop accidents....

ATV'S DO NOT wreck themselves.  PEOPLE wreck them.  This is when they (ATV'S) are dangerous as is with anything...gun, car, knife, etc.  YES accidents happen to experienced riders. WHY is that?  I'll tell you why...because the experienced rider rode beyond the machines and/or the rider's capabilities.

That UTV DID NOT kill the kid.  By it not having doors...DID NOT kill the kid.  Inexperienced child driving is unfortunately the result of the childs death.
Now if it were to come out that there was some type of mechanical failure (frame broke, steering linkage snapped, tire blew, etc.) causing the child to loose control....NOW this is dangerous whether your young/old, experienced/inexperienced.

The riding "we" choose to do is what brings danger to ourselves & the ATV/UTV we are riding.  The ATV/UTV doesn't go where it wants to, we direct it.
 


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« Reply #34 on: September 11, 2007, 10:44:30 AM »

ATVs aren't dangerous if ridden/driven with common sense, maturity, responsibility, and experience/training. 


So ,ATVs aren't dangerous if ......ridden/driven with common sense, maturity, responsibility, and experience/training?  YOU ARE WRONG !!!!! Fact......ATVs ARE VERY DANGEROUS!!!! Accidents happen to the most experienced riders/drivers .I don't care who you are or how long you been riding or what you know !  IF you tell yourself ,your friends that don't know better or your children that ATVs are NOT dangerous then you are asking for trouble before they even get on!  Fact .....ridden/driven with common sense, maturity, responsibility, and experience/training. .....Will "help" prevent accidents from happening....Not stop them.  ATVs  will always be dangerous.....know that , tell your children and teach them to respect the potential danger.

Tell me where I noted that this would stop accidents....

ATV'S DO NOT wreck themselves.  PEOPLE wreck them.  This is when they (ATV'S) are dangerous as is with anything...gun, car, knife, etc.  YES accidents happen to experienced riders. WHY is that?  I'll tell you why...because the experienced rider rode beyond the machines and/or the rider's capabilities.

That UTV DID NOT kill the kid.  By it not having doors...DID NOT kill the kid.  Inexperienced child driving is unfortunately the result of the childs death.
Now if it were to come out that there was some type of mechanical failure (frame broke, steering linkage snapped, tire blew, etc.) causing the child to loose control....NOW this is dangerous whether your young/old, experienced/inexperienced.

The riding "we" choose to do is what brings danger to ourselves & the ATV/UTV we are riding.  The ATV/UTV doesn't go where it wants to, we direct it.




kid was a passenger not driver. the family is saying manufacture knew they were prone to roll but no recall was issued if you buy your child a lil doll thats full of lead and the child dies. whos fault then. 95% of atv accidents are operators fault. you cant be so quick to judge with so lilttle info. until then i feel sorry for parents loss and hope they dont lose intrest in the sport. my 2 cents
 



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« Reply #35 on: September 11, 2007, 11:08:22 AM »

ATV'S DO NOT wreck themselves.  PEOPLE wreck them.  This is when they (ATV'S) are dangerous as is with anything...gun, car, knife, etc.  YES accidents happen to experienced riders. WHY is that?  I'll tell you why...because the experienced rider rode beyond the machines and/or the rider's capabilities.

That UTV DID NOT kill the kid.  By it not having doors...DID NOT kill the kid.  Inexperienced child driving is unfortunately the result of the childs death.
Now if it were to come out that there was some type of mechanical failure (frame broke, steering linkage snapped, tire blew, etc.) causing the child to loose control....NOW this is dangerous whether your young/old, experienced/inexperienced.

The riding "we" choose to do is what brings danger to ourselves & the ATV/UTV we are riding.  The ATV/UTV doesn't go where it wants to, we direct it.


They call them accidents for a reason. Like anything, their are numerous examples of people with plenty of experience getting seriously injured or killed while acting in a totally safe and responsible manner, it is just how life works unfortunately.

I just recently had a crash that could have easily killed me, and I was doing nothing beyond my capabilities or experience blowing up a sand road after a rain storm like I have done thousands of times, this was just the first time I hit a wet spot and hydroplaned. It was pure luck I jumped up to find the bike on all fours and not on top of me, and didn't break my neck landing on my head about 40ft away from where I was thrown when the bike did a barrel roll or two.

Unless you never exceed 10 mph, stay away from EVERYONE else in the world and inside during thunderstorms it can happen to anyone IMO. It is pretty much like the only safe sex is none at all, but what fun is that?





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« Reply #36 on: September 11, 2007, 11:25:05 AM »

ATVs aren't dangerous if ridden/driven with common sense, maturity, responsibility, and experience/training. 


So ,ATVs aren't dangerous if ......ridden/driven with common sense, maturity, responsibility, and experience/training?  YOU ARE WRONG !!!!! Fact......ATVs ARE VERY DANGEROUS!!!! Accidents happen to the most experienced riders/drivers .I don't care who you are or how long you been riding or what you know !  IF you tell yourself ,your friends that don't know better or your children that ATVs are NOT dangerous then you are asking for trouble before they even get on!  Fact .....ridden/driven with common sense, maturity, responsibility, and experience/training. .....Will "help" prevent accidents from happening....Not stop them.  ATVs  will always be dangerous.....know that , tell your children and teach them to respect the potential danger.

Tell me where I noted that this would stop accidents....

ATV'S DO NOT wreck themselves.  PEOPLE wreck them.  This is when they (ATV'S) are dangerous as is with anything...gun, car, knife, etc.  YES accidents happen to experienced riders. WHY is that?  I'll tell you why...because the experienced rider rode beyond the machines and/or the rider's capabilities.

That UTV DID NOT kill the kid.  By it not having doors...DID NOT kill the kid.  Inexperienced child driving is unfortunately the result of the childs death.
Now if it were to come out that there was some type of mechanical failure (frame broke, steering linkage snapped, tire blew, etc.) causing the child to loose control....NOW this is dangerous whether your young/old, experienced/inexperienced.

The riding "we" choose to do is what brings danger to ourselves & the ATV/UTV we are riding.  The ATV/UTV doesn't go where it wants to, we direct it.




kid was a passenger not driver. the family is saying manufacture knew they were prone to roll but no recall was issued if you buy your child a lil doll thats full of lead and the child dies. whos fault then. 95% of atv accidents are operators fault. you cant be so quick to judge with so lilttle info. until then i feel sorry for parents loss and hope they dont lose intrest in the sport. my 2 cents
 



I got info about the child driving from a link I read from JackL.  Sorry...that was ANOTHER 9 year old...got 'em mixed up. 
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« Reply #37 on: September 11, 2007, 11:30:43 AM »

ATV'S DO NOT wreck themselves.  PEOPLE wreck them.  This is when they (ATV'S) are dangerous as is with anything...gun, car, knife, etc.  YES accidents happen to experienced riders. WHY is that?  I'll tell you why...because the experienced rider rode beyond the machines and/or the rider's capabilities.

That UTV DID NOT kill the kid.  By it not having doors...DID NOT kill the kid.  Inexperienced child driving is unfortunately the result of the childs death.
Now if it were to come out that there was some type of mechanical failure (frame broke, steering linkage snapped, tire blew, etc.) causing the child to loose control....NOW this is dangerous whether your young/old, experienced/inexperienced.

The riding "we" choose to do is what brings danger to ourselves & the ATV/UTV we are riding.  The ATV/UTV doesn't go where it wants to, we direct it.


They call them accidents for a reason. Like anything, their are numerous examples of people with plenty of experience getting seriously injured or killed while acting in a totally safe and responsible manner, it is just how life works unfortunately.

I just recently had a crash that could have easily killed me, and I was doing nothing beyond my capabilities or experience blowing up a sand road after a rain storm like I have done thousands of times, this was just the first time I hit a wet spot and hydroplaned. It was pure luck I jumped up to find the bike on all fours and not on top of me, and didn't break my neck landing on my head about 40ft away from where I was thrown when the bike did a barrel roll or two.

Unless you never exceed 10 mph, stay away from EVERYONE else in the world and inside during thunderstorms it can happen to anyone IMO. It is pretty much like the only safe sex is none at all, but what fun is that?






JackL...I understand accidents happen due to our negligence (?).  Your incident was your fault...not your ATV's.   Wink .  Well this wasn't the 1000th time...it was the 1001st time and you let your guard down so to speak...glad you're okay though.   Tongue

Just to make sure....I'm not dogging anyone on here.  We just see things differently.  Cool

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« Reply #38 on: September 11, 2007, 12:01:30 PM »

ATVs aren't dangerous if ridden/driven with common sense, maturity, responsibility, and experience/training. 


So ,ATVs aren't dangerous if ......ridden/driven with common sense, maturity, responsibility, and experience/training?  YOU ARE WRONG !!!!! Fact......ATVs ARE VERY DANGEROUS!!!! Accidents happen to the most experienced riders/drivers .I don't care who you are or how long you been riding or what you know !  IF you tell yourself ,your friends that don't know better or your children that ATVs are NOT dangerous then you are asking for trouble before they even get on!  Fact .....ridden/driven with common sense, maturity, responsibility, and experience/training. .....Will "help" prevent accidents from happening....Not stop them.  ATVs  will always be dangerous.....know that , tell your children and teach them to respect the potential danger.

Anything can be dangerous in the wrong hands. A butter knife used the wrong way can still kill you. However if you ride an ATV responsibly, with common senese they aren't any more dangerous than any other vehicle out there. I've had one accident on an ATV and it was my fault not the ATV's. There are very few proven cases where and ATV alone caused an accident, if so it's due to a manufacturer or part defect just like the stuff you find in motor vehicles.

I fully sympathize with the family of the child but you have to be driving irresponsibly in a Rhino in order to roll it. It takes a sharp corner at 10+ MPH or a doughnut to roll these things when driving on flat ground. Anyone experienced knows this and drives within the limits of the Rhino. No different than ATV.

Bill
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« Reply #39 on: September 11, 2007, 02:58:47 PM »

My avatar....it's a 600RR sportbike.  These sportbikes are very powerful & fast.  Some say dangerous.  You can SERIOUSLY get hurt on them....when you PUSH it near or too it's limits as I have done, since I ride it on the track.

On the other hand....I can ride it as slow, and easy-like just like pushing a newborn in a baby stroller.

Now do I ride it like that?  No I do not.  But they are engineered to be ridden hard, and I choose to do so, and accept ALL consequences in doing so.

The sport ATV's are made for faster riding.  The majority of utility/recreational ATV's are not made for fast riding, cornering, jumping....of that nature.  I know, I know...majority of owner's ride these beyond there intended use.  I own a '85 250 Big Red (3-wheeler), and I've ridden it WAY past what it's intended use is.  Thankfully I haven't wrecked it, but it could w/out a doubt happen.  But if I ever were to wreck it....that'll be why....NOT because "it's" dangerous. 

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« Reply #40 on: September 12, 2007, 08:39:42 AM »

JackL...I understand accidents happen due to our negligence (?).  Your incident was your fault...not your ATV's.   Wink .  Well this wasn't the 1000th time...it was the 1001st time and you let your guard down so to speak...glad you're okay though.   Tongue

Just to make sure....I'm not dogging anyone on here.  We just see things differently.  Cool




I understand what you are saying, but I have seen so many stories from farmers and other people not using bikes for recreation and acting totally responsible to discount the accident factor. I think it does everyone a disservice to claim anything is totally safe if you act responsibly, because any number of things can happen beyond our control.

Now do I ride it like that?  No I do not.  But they are engineered to be ridden hard, and I choose to do so, and accept ALL consequences in doing so.

This is one thing we can agree on 100%.

« Last Edit: September 12, 2007, 09:16:06 AM by JackL » Logged

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« Reply #41 on: September 12, 2007, 09:11:42 AM »

My avatar....it's a 600RR sportbike.  These sportbikes are very powerful & fast.  Some say dangerous.  You can SERIOUSLY get hurt on them....when you PUSH it near or too it's limits as I have done, since I ride it on the track.

On the other hand....I can ride it as slow, and easy-like just like pushing a newborn in a baby stroller.

Now do I ride it like that?  No I do not.  But they are engineered to be ridden hard, and I choose to do so, and accept ALL consequences in doing so.

The sport ATV's are made for faster riding.  The majority of utility/recreational ATV's are not made for fast riding, cornering, jumping....of that nature.  I know, I know...majority of owner's ride these beyond there intended use.  I own a '85 250 Big Red (3-wheeler), and I've ridden it WAY past what it's intended use is.  Thankfully I haven't wrecked it, but it could w/out a doubt happen.  But if I ever were to wreck it....that'll be why....NOT because "it's" dangerous. 







yes but if a bolt in the steering was prone to sheering and they knew it and you died from it would it be your fault. point is they knew of problems and didnt want to bite a loss some people ride hard some dont but if the family proves it was manu error then they are entitled to compensation.
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« Reply #42 on: September 12, 2007, 10:49:34 AM »

My avatar....it's a 600RR sportbike.  These sportbikes are very powerful & fast.  Some say dangerous.  You can SERIOUSLY get hurt on them....when you PUSH it near or too it's limits as I have done, since I ride it on the track.

On the other hand....I can ride it as slow, and easy-like just like pushing a newborn in a baby stroller.

Now do I ride it like that?  No I do not.  But they are engineered to be ridden hard, and I choose to do so, and accept ALL consequences in doing so.

The sport ATV's are made for faster riding.  The majority of utility/recreational ATV's are not made for fast riding, cornering, jumping....of that nature.  I know, I know...majority of owner's ride these beyond there intended use.  I own a '85 250 Big Red (3-wheeler), and I've ridden it WAY past what it's intended use is.  Thankfully I haven't wrecked it, but it could w/out a doubt happen.  But if I ever were to wreck it....that'll be why....NOT because "it's" dangerous. 



yes but if a bolt in the steering was prone to sheering and they knew it and you died from it would it be your fault. point is they knew of problems and didnt want to bite a loss some people ride hard some dont but if the family proves it was manu error then they are entitled to compensation.
I don't consider "doors" a mechanical defect.  Doors alone won't save 'ya.  Heck...how big would the doors be on a UTV?  Not big at all...unless they actually made a full size door...not the little half door (2'x3')  It'd take doors, and at minimum a 4 point safety harness.  Even with that....if you didn't wear a helmet...you'd still be likely to have head injuries in a rollover (depending on speed and severity of impact), even broken arm from flying out if not holding on to something.
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« Reply #43 on: September 12, 2007, 01:35:54 PM »

This morning I cut myself while I was shaving, it hurt really bad  Sad , I think there should be more warning labels on the pack of razors I bought, does anyone know an attorney that could help me ?  Nerd
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« Reply #44 on: September 12, 2007, 02:06:14 PM »

ATVs aren't dangerous if ridden/driven with common sense, maturity, responsibility, and experience/training. 


So ,ATVs aren't dangerous if ......ridden/driven with common sense, maturity, responsibility, and experience/training?  YOU ARE WRONG !!!!! Fact......ATVs ARE VERY DANGEROUS!!!! Accidents happen to the most experienced riders/drivers .I don't care who you are or how long you been riding or what you know !  IF you tell yourself ,your friends that don't know better or your children that ATVs are NOT dangerous then you are asking for trouble before they even get on!  Fact .....ridden/driven with common sense, maturity, responsibility, and experience/training. .....Will "help" prevent accidents from happening....Not stop them.  ATVs  will always be dangerous.....know that , tell your children and teach them to respect the potential danger.

Anything can be dangerous in the wrong hands. A butter knife used the wrong way can still kill you. However if you ride an ATV responsibly, with common senese they aren't any more dangerous than any other vehicle out there. I've had one accident on an ATV and it was my fault not the ATV's. There are very few proven cases where and ATV alone caused an accident, if so it's due to a manufacturer or part defect just like the stuff you find in motor vehicles.

I fully sympathize with the family of the child but you have to be driving irresponsibly in a Rhino in order to roll it. It takes a sharp corner at 10+ MPH or a doughnut to roll these things when driving on flat ground. Anyone experienced knows this and drives within the limits of the Rhino. No different than ATV.

Bill
If you are saying that a sharp turn at 10mph will cause one of these to roll over, then I know I wont ever own one. If this is true then the family should be compensated heavily. I ride lawn mowers that go faster than 10mph & do zero degree turns with no problems. That is a scary statement you made if true.
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« Reply #45 on: September 12, 2007, 03:52:49 PM »

If you are saying that a sharp turn at 10mph will cause one of these to roll over, then I know I wont ever own one. If this is true then the family should be compensated heavily. I ride lawn mowers that go faster than 10mph & do zero degree turns with no problems. That is a scary statement you made if true.

I have seen some very unbelievable maneuvers on these things and a 10mph rollover isn't one of them!
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« Reply #46 on: September 12, 2007, 04:20:37 PM »

If you are saying that a sharp turn at 10mph will cause one of these to roll over, then I know I wont ever own one. If this is true then the family should be compensated heavily. I ride lawn mowers that go faster than 10mph & do zero degree turns with no problems. That is a scary statement you made if true.

If riding solo or with an adult in the driver seat and a child in the passenger seat and you are doing about 10 MPH and yank the wheel to the right you could possibly roll it. I'm not talking about letting off the gas and making a casual turn I'm talking about a hard 90* turn to the right. Same turn going to the left is no problem. With two adults up front no problem. Granted I say this with 27" tires on mine with the shocks adjusted all the way up so a stock Rhino would be probably closer to 15 MPH for the same thing to happen. There are ATVs out there that would easily flip in the same conditions...again it all comes down to experience.

Not more than a couple of weeks ago I was following a group of riders doing 25-30 MPH through all kinds of terrain with no issues...however I know the limits of the Rhino, I know when to slow down, how the weight is distributed, not to make sharp turns at speed.

Comparing a Rhino to a lawn mower is apples to oranges. How many lawn mowers have 12" of ground clearance? How many stock lawn mowers can even get up to 10 MPH? Comparing the two is like comparing Bronco II and a Sedan. Just look at the Rhino common sense will tell you that it's top heavy and will have a tendency to be tipsy in the right conditions so you drive it accordingly.

Bill
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2008 Ford F-250, 8" Fabtech Lift, 38" Kumho MTs
2007 Yamaha Rhino 660, 27" Mudbugs
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« Reply #47 on: September 12, 2007, 04:59:06 PM »

If you are saying that a sharp turn at 10mph will cause one of these to roll over, then I know I wont ever own one. If this is true then the family should be compensated heavily. I ride lawn mowers that go faster than 10mph & do zero degree turns with no problems. That is a scary statement you made if true.

If riding solo or with an adult in the driver seat and a child in the passenger seat and you are doing about 10 MPH and yank the wheel to the right you could possibly roll it. I'm not talking about letting off the gas and making a casual turn I'm talking about a hard 90* turn to the right. Same turn going to the left is no problem. With two adults up front no problem. Granted I say this with 27" tires on mine with the shocks adjusted all the way up so a stock Rhino would be probably closer to 15 MPH for the same thing to happen. There are ATVs out there that would easily flip in the same conditions...again it all comes down to experience.

Not more than a couple of weeks ago I was following a group of riders doing 25-30 MPH through all kinds of terrain with no issues...however I know the limits of the Rhino, I know when to slow down, how the weight is distributed, not to make sharp turns at speed.

Comparing a Rhino to a lawn mower is apples to oranges. How many lawn mowers have 12" of ground clearance? How many stock lawn mowers can even get up to 10 MPH? Comparing the two is like comparing Bronco II and a Sedan. Just look at the Rhino common sense will tell you that it's top heavy and will have a tendency to be tipsy in the right conditions so you drive it accordingly.

Bill
Well said Bill.

Could a Rhino roll in a 10mph turn?  Depends on rider weight distribution, traction available, condition of terrain turn is being made.  Wouldn't take hitting a small bump/rut at slow speed to tip it...again with the right...or wrong conditions....depending on how you want to look at it.  Sad

UTV & lawn mower?   Shocked  Not even comparable.
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Jeff
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'03 CBR 600RR
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