http://www.wave3.com/Global/story.asp?S=11404075
Ridiculous. This is what's wrong with our judicial system.
Ridiculous. This is what's wrong with our judicial system.
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Jury: Baseball bat manufacturer responsible for death by batted ball
- Thread starter yg17
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Now Loiusville Sluggers also need to come with a warning about being cautious when beating somebody over the head with it.
"Using the bat as a weapon could cause serious injury."
Dumb.
"Using the bat as a weapon could cause serious injury."
Dumb.
Baseball bats are dangerous?
Who thought. So did the kid who hit the ball get 20 years to life in prison?
Another case where I'd like to see a hung jury (not possible in a civil case), so just hang the jurors.
Who thought. So did the kid who hit the ball get 20 years to life in prison?Another case where I'd like to see a hung jury (not possible in a civil case), so just hang the jurors.
*sigh* This is where the system of "jury of one's peers" falls apart. It only works if one's peers meet some minimum level of intelligence. In this case, they clearly did not.
So no one has ever been killed by a ball hit off a wooden bat?
So the difference in veocity of a ball travelling off an aluminum bat is so much faster than the velocity of a ball hit off a wood bat?
So that difference in velocity over the same distace to the hit player results in such a time difference for human reflexes to react in an effectively defensive manner?
Righttttttt.......
I love the USA, where our motto is: "Accidents don't happen, the are caused by someone with more money!"
So the difference in veocity of a ball travelling off an aluminum bat is so much faster than the velocity of a ball hit off a wood bat?
So that difference in velocity over the same distace to the hit player results in such a time difference for human reflexes to react in an effectively defensive manner?
Righttttttt.......
I love the USA, where our motto is: "Accidents don't happen, the are caused by someone with more money!"
Absolutely ridiculous. If he couldn't react in time, reading a warning label before hand won't make him react any quicker. There's obviously risks involved in sports, maybe it was down to him being not alert. Where's the common sense!!
On a similar note...
"Heeeyyy... there's no fruit in Froot Loops!!!"
"America: Land of the Lawsuit. God bless her!" - Steve Dallas (Bloom County)
"Heeeyyy... there's no fruit in Froot Loops!!!"
"America: Land of the Lawsuit. God bless her!" - Steve Dallas (Bloom County)
It sounds like the company may not contest this... I can understand that, from a PR perspective and not wanting to put this family through more, but this really does set a bad precedent.
This is sad. Yes it was tragic the kid died but still not going to help.
If something goes wrong sue. No one accept responsibility any more. I am surprised they did not sue the bases ball company, the league for allowing aluminum bats. It was a known fact aluminum bats hit balls farther than wooden ones.
Think of all the stupid warning labels like "do not iron clothing on body" sad they have to put that disclaimer in there because if you burn your self iron clothing on your own body it is not your fault.
Yes I have used an iron on something I was wearing to get a a few wrinkles out but at the same time I knew I was taking a risk of burning myself.
If something goes wrong sue. No one accept responsibility any more. I am surprised they did not sue the bases ball company, the league for allowing aluminum bats. It was a known fact aluminum bats hit balls farther than wooden ones.
Think of all the stupid warning labels like "do not iron clothing on body" sad they have to put that disclaimer in there because if you burn your self iron clothing on your own body it is not your fault.
Yes I have used an iron on something I was wearing to get a a few wrinkles out but at the same time I knew I was taking a risk of burning myself.
No I haven't. It is called common sense. I knew full out and well that if I got burned doing the less than intelligent thing (as ironing my pants real quickly while they were on) that if I got burn at all it was 100% my fault.
In case you are wondering. I did not get burned and it worked out really well in the time crunch to get minor (and I man minor) wrinkles out. Every time I have done it I know it is not the smartest idea.
But still if I got burned not like I would try to sue because I know the common sense thing tells me that it is not a good idea.
"Le sens commun est fort rare."
Voltaire, "Common Sense," Dictionnaire philosophique portatif (1765)
The better known variant of this quote is "Common sense is not so common"
A car goes faster than a horse, and despite this advantage, kills more people.
Wooden bats are prone to breaking, sending sharp missiles through the air. Pass legislation to outlaw them, but don't accept that by not having a label the bat company is liable for this player's death.
Lawyers are always the last to admit absurdity.
1. No-one cried "tort-reform".
2. You have no idea who has studied what and to what level.
But in this case, the bat was used for its designed purpose. So I'm not sure why you're using this to back your argument.
But the deceased didn't refuse and, because he is dead, we cannot state what he did or did not know.
Any sport involves a risk of serious injury or death. Under UK law, by playing the sport you impliedly consent to such injuries, and even injuries outside of the rules but 'within the spirit' of the game.
AppleMatt
Exactly.
Things that are common sense that people know.
1. Aluminum bats perform better than wooden bats.
2. Playing any sport has risk of serious injury or death.
From those 2 facts alone people should know there is risk. Lets also not forget that most people who have play baseball have heard stories of pictures getting hit in with the ball. Even a wooden bat can easily kill if it hit the picture in the head.
But this logic of this law suit almost puts it like it was the knee pads fault that my sister tore her ACL playing volleyball because it failed to warn that does not prevent that type of injury from happening.
This is absurd. While tragic that the young man died, it is certainly not the bat manufacturers fault. If anyone was to be sued, it should have been the league that allowed aluminum bats in the first place. But they didn't have deep pockets hence the lawsuit against the bat manufacturer.
So the knowledge that aluminum bats make a ball go slightly faster somehow prevents someone from dying when hit in the head by a baseball?
Seriously, of course a ball being hit at someone is going to be dangerous, id bet it be just as dangerous being hit IN THE SKULL had it come off a wooden bat. If anything baseball players should just be wearing helmets.
Then why are they used.
Ask the people who play why they used aluminum over wood. You will get the same answer time and time again. "I can hit the ball farther" or "bat is lighter"-which translated right into the fact "I can hit the ball farther"
Hitting the ball farther = better performance
those are common sense things.
Sports are dangerous. You can die playing any sport, whether its football, baseball, golf, or bowling. S**t happens. The problem with the world is that everyone feels they need to get sue happy when something impacts them.
I bet if it had been someone else's kid, the parents would be bickering about how pointless this lawsuit is.
I bet if it had been someone else's kid, the parents would be bickering about how pointless this lawsuit is.
Guess we should just ban baseball, huh? After all, balls hit off wooden and aluminum bats can cause death.
Any time high speed objects are moving around, there is a chance of death. Golf balls travel at incredibly high rates of speed off the club face, yet is there a disclaimer in large letters on the golf club? Should there be?
To me it just boils down to common sense. Solid objects being struck and propelled at high speeds can clearly cause serious injury or death (why on earth do the parents think batters wear helmets?). To not realize that is to be lacking common sense.
Have you ever lived in the USA and played or at least watched baseball?
Players are not required to wear helmets, but coaches on the field are (see ucfgrad93's link above). And that is in professional leagues using only wooden bats, so the possibility of death should be known by someone who knows about baseball, regardless of the type of bat used.