Yamaha Motor sued in Canada for Rhino tip-over

Yamaha Motor Co., the world's second-largest motorcycle maker, was sued in Canada for selling an all-terrain vehicle that is allegedly prone to tipping over and has been linked to 46 deaths in the U.S.

The proposed group lawsuit was filed in Ontario Superior Court on Dec. 12 following the death of a 13-year-old boy whose Rhino Recreational Utility Vehicle flipped, said Joel Rochon, a Toronto lawyer representing the plaintiffs. Yamaha will be served today, Rochon said.

Yamaha halted sales of the all-terrain vehicles in the U.S. until it can repair them. The company, based in Iwata, Japan, will fix 145,000 Rhino 450, 660 and 700 models introduced since 2003 for free, the U.S. Consumer Product Safety Commission said in a statement on March 31.

"These vehicles have been inherently dangerous since they were first marketed by Yamaha," Rochon said in a statement. The suit must be certified as a class action by a judge before it can proceed to trial.

Yamaha officials in Canada didn't immediately respond to a request for comment.

Wyatt Bauer of Rimbey, Alberta, was killed while vacationing in 2007 when the Rhino he was driving tipped over and crushed him, according to the statement of claim. His family seeks C$400 million ($316 million) in damages.

More than two-thirds of about 50 accidents investigated in the U.S. involved rollovers, the CSPC said. In many of the rollover-related accidents, many drivers turned at relatively low speeds on level terrain, according to the U.S. agency.

The case is Between Wyatt Lyal Bauer (deceased) and Yamaha Motor Canada Ltd., CV-08-368504CP, Ontario Superior Court of Justice (Toronto).