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Knox boy's death may result in lawsuit

A NEWS10 EXCLUSIVE

The tragic death of a young boy in southern Albany County might lead to a lawsuit against a well known off-road vehicle manufacturer.

13-year-old Wyatt Spencer was riding his new utility terrain vehicle, or UTV, for the first time on May 28th when it rolled over, killing him.

Investigators say speed and the lack of a helmet made the accident deadly, but Wyatt's parents say they were not told the vehicle was part of a nationwide safety recall.

Back in the same Town of Knox field where Wyatt Spencer was killed, inspectors and lawyers for the family and Yamaha were present; all expected to be parties in a legal battle over just who is at fault in the boy's death.

"I don't want to see anybody else get killed," Wyatt's father Jim Spencer told NEWS10, "whatever other investigation needs to be done in this field, I am all for it."

Earlier in the day, they all met at a local garage where the UTV in question, a Yamaha Rhino 450, has been stored since the accident.

This past March, Yamaha issued a voluntary recall on three models of the Rhino, including the 450, came after 46 deaths and thousands of injuries on the vehicle. The repairs asked for included the removal of a sway bar and spacers placed on the back tires.

Scott Wolfson, with the Consumer Product Safety Commission, said of the recall, "It spurs us to once again encourage all riders to know about this safety announcement to know that there is a problem with these vehicles, and there is going to be a repair to these."

Jim Spencer says that recall was never mentioned to by the dealer who sold the Rhino to him.

"It broke my heart. If I found out what I found out after, I would have never bought this machine," he said.

The dealer, however, says the recall was implied when they said the UTV needed to be retrofitted.

"There are age limits, but at the same time we want the public to understand that the announcement we made was due to a concern about the vehicles being dangerous," Wolfson added.

Yamaha, though, points to personal responsibility.

In a statement to NEWS10, they say, "This accident involved a 13-year-old driver who was not wearing a helmet or a seatbelt, going downhill on a wet surface and making a sharp turn. The Rhino is only recommended for adult drivers aged 16."

This all means little to Jim Spencer, however.

"What a waste, what a waste, what a waste," he said.