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Family Suing Bat Maker
By JLP | May 20, 2008
I saw this story in today’s Houston Chronicle.
A family is suing the maker of the Louisville Slugger TPX Platinum bat, the retailer, and Little League after their son received brain damage after he was struck by a line drive hit off that bat. They claim that the bat is dangerous and that the company knew it was dangerous.
Duh!
People need to be aware that a hard ball thrown at 55 MPH and then hit with a wooden or metal bat, has the potential to do severe damage if it is hit just right. I thought we knew all of this.
This whole lawsuit thing gets on my nerves. From the article:
The lawsuit also names Little League Baseball and Sports Authority, which sold the bat. It claims the defendants knew, or should have known, the bat was dangerous for children to use, according to the family’s attorney, Ernest Fronzuto.
It wasn’t even a Little League game! They’re suing Little League because they put their seal of approval on the bat.
Yes, it’s sad that their son now has brain damage but this is ridiculous. Baseball can be dangerous. It’s part of the game.
Topics: Miscellaneous | 18 Comments »
May 20th, 2008 at 11:45 am
These are the kind of lawsuits that give lawyers (especially trial lawyers) such a bad rep. Of course, it’s also the reason I hate the news. There are usually additional facts that aren’t included in the story. For example, maybe the claim is actually that the box didn’t include appropriate warnings (e.g., for use in game play only, always wear a helmet, no one should be within 20 feet of the bat when in use, use only with X type of ball, etc.). I’m not saying the lawsuit is a winner or loser, just that articles about lawsuits in general drive me nuts b/c the facts are never complete. And notwithstanding general perception, the law is really all about the facts, not the law – i.e., what really matters is the application of the law to a specific set of facts, not the law standing by itself.
May 20th, 2008 at 11:50 am
Cathy,
This is why I could never be a lawyer.
I guess my point is: it’s baseball. If you play baseball there’s a chance you’re gonna get hit with the ball. No additional warnings necessary.
May 20th, 2008 at 11:55 am
This is exactly the sort of thing that makes the rest of world say ‘only in America’.
Sheer madness, can nothing be a tragic accident any more?
May 20th, 2008 at 12:48 pm
The way the legal system is set up, these sorts of lawsuits are inevitable. The only reason to sue someone is to receive damages from them. So it follows that you need to sue someone with some money, regardless of how peripheral their liability is. The legal system is set up to reward the search for deep pocket defendants on the periphery, since even 1% liability for the harm can result is a huge settlement.
May 20th, 2008 at 12:52 pm
I hate lawsuits like this. I think the bat makers should sue the parents for allowing their kid to play baseball in the first place. Also, why are the suing the BAT maker when the kid wasn’t hit with a bat? He was hit with a ball. Sue the ball maker (not really – I’m just saying – I really think the suit is ridiculous).
May 20th, 2008 at 1:03 pm
This really hits home for me (no pun intended). My Dad coached college level baseball and as a kid I was allowed in the dugout as bat-girl. It was AWESOME! (:
One fine day, a left handed batter hit a line drive into the dugout. Guess who got hit in the head? Yup, me. Was I wearing a helmet? Nope. I was very lucky to escape with only a massive shiner and a few stitches to my temple. A few millimeters left or right and I probably wouldn’t be able to type, if I were even still around.
Point being .. my Dad did not sue the player, the other team, the bat maker, the league, or anyone else. And, no nutjobs decided to sue my Dad for negligence or child abuse. IT WAS AN ACCIDENT. They happen. It’s a risk to life. It wouldn’t have mattered who was sitting in that exact spot, there was no way anyone could have ducked that ball.
Should I have been required to wear a helmet while sitting in the dugout? Perhaps. But, in all my years of watching Dad coach, that was maybe 1 in 5 balls that were ever hit so that they even entered the dugout. You can’t protect your kids from everything. Use common sense and most likely things will be just fine.
May 20th, 2008 at 1:15 pm
The obvious question is, did the parents make sure their kid was wearing a helmet?
May 20th, 2008 at 1:19 pm
Dan,
He was struck in the chest so a helmet wouldn’t have helped.
May 20th, 2008 at 1:44 pm
Hopefully it will be thrown out.
May 20th, 2008 at 1:57 pm
Their time and money would be better spent educating children and parents on the risks of playing team sports, or working with sporting goods manufacturers on some safety equipment for pitchers.
Although, a statement in this news article makes me think this might be the best way to get heard:
http://www.pittsburghlive.com/x/pittsburghtrib/sports/s_560950.html
“‘Have these leagues forgotten how far the game has evolved,’ Oberdorf said. ‘To work its way up to some of these organizations, you wonder if somebody has to be killed, or a heck of a lawsuit has to be filed.’”
May 20th, 2008 at 2:04 pm
It’s people like this that make the idea of being reincarnated as a saltine cracker sound appealing. But then again I’m feeling more cynical than usual today.
May 20th, 2008 at 3:51 pm
This is not as bad as the judge that sued his cleaners $65 million for a pair of pants… but yeah – this is pretty ridiculous.
May 20th, 2008 at 3:58 pm
The kid should sue his parents for buying the bat.
May 21st, 2008 at 6:53 am
Why don’t they sue the landowner who grew the tree, the logger who cut it, the trucker who took it to the mill, or the guy who ran the kiln to dry the wood? If you’re going to cast a wide net…
May 21st, 2008 at 11:37 am
The bat maker should sue the parents for creating a genetically inferior child who can’t sustain a baseball to the chest.
May 21st, 2008 at 11:43 am
A friend trying to catch a fly ball misjudged it. It rolled down his arm, into his jaw and broke it. So who’s he going to sue?
May 21st, 2008 at 11:47 am
All these comments make me realize even more how silly this lawsuit is.
May 23rd, 2008 at 9:23 am
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