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OT...Have to vent...

Discussion in 'Off Topic Threads' started by chiefjon, Oct 29, 2009.

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  1. chiefjon

    chiefjon Active Member

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    You can tell me if I am wrong...reading the paper this morning I came across an article about a jury/court in Montana awarding the estate/family of an 18 year old baseball player $850,000. This was a "Product Liability" case and the basis of the verdict was that the manufacturer of the aluminum bat failed to warn infielders that the bat made the ball, when hit, travel faster than they could react to. $750,000 for loss of wages...the boy was killed & $50,000 to the family for pain and suffering.

    Now, I feel very sad for the boy and his family, but where is the logic that says it was the manufacturers fault that a struck ball hit a player in the head and killed him. It is these kinds of decisions, let alone all the other spurious law suits that are brought to court, that tear at the fabric of our country. No one is accountable or responsible for their acts. Was the kid paying attention (eye on the ball); had he ever played against an aluminum bat before; on and on.

    Unbelievable!!!

    JON
     
  2. jhoward

    jhoward Member

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    There are ratings and standards for baseball and softball bats for this exact reason. If the bat was rated for a certain BPF (bat performance factor) and actually performed outside the defined specifications for that rating, then the company IS at fault. This would be something similar to someone rating a lightbulb at 40w when it is actually a 100w bulb. If you put that bulb into a device made for 40w bulbs a fire could result and it would be the manufacturers fault for misrepresenting the bulb.

    I don't know the details of the case in question, but the above is one possibility where the jury could have it right.
     
  3. W.P.T.

    W.P.T. TS Member

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    The person who is actually at fault and should be filed against is the kid who hit the ball, not the company who made it ... Kind of like someone sueing a gun company for making a gun used in a killing, that they had no knowledge of happening when they made the gun ... They should outlaw metal bats unless they are to be used as weapons if this is the case ... WPT ... (YAC) ...
     
  4. bigdogtx

    bigdogtx Well-Known Member

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    Sometimes bad/sad things happen to good people....
     
  5. high 2

    high 2 Member

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    Perfect example of why our country is swirling around the toilet bowl on it`s way down the pipes. Always somebody else at fault. At least the high school football coach was aquitted of the homicide charges a few weeks ago. JMO
     
  6. tp

    tp TS Member

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    WPT, by what means of twisted logic do you arrive at the batter being at fault?
     
  7. highflyer

    highflyer TS Member

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    It's all been said above. Jurors with their own dream of winning the court lottery. A nation of whiners blaming someone else for anything bad that happens to them. Our country going down the toilet. Filthy lawyers flushing it.
     
  8. Dave P

    Dave P TS Supporters TS Supporters

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    TP: He's not saying that. He's saying that the bat's no more responsible than the batter.


    It's a ball game, shit happens and by virtue of the activity you or the parents accept that fact.
     
  9. AveragEd

    AveragEd Well-Known Member

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    Bill's logic follows that of gun violence - it isn't the gun's fault, it's the shooter's. You know, "guns don't kill people, people do."

    Ed
     
  10. jhoward

    jhoward Member

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    Normally I would be the first to agree that there are too many stupid lawsuits, in this case though, I cannot blow this off as someone looking to place the blame on someone else.

    I've played competitive softball, about 10 years ago the bat manufacturers started making bats out of composite materials instead of metal alloys. These bats offered more flex and lighter weight than a metal bat. As a result you could hit the ball farther, and faster, than ever before. Suddenly the 165lb base hitter had the ability to hit the ball over the fence. The 250lb guy who was already hitting the ball 300+ feet suddenly became a threat to everyone in the infield if he hit the ball on the ground as the ball moved so fast you had no time to react.

    In response to these advancements the regulatory committees for the various softball and baseball associations began to restrict the speed at which it was legal for a ball to come off a bat. They did this for player safety after there were injuries and a few deaths from people being hit by batted balls. This is the same reason that they do not use metal or composite bats in professional baseball.

    If the bat in question exceeded the maximum allowed ball speed and was not marked as such, it is unsafe.

    They do still make bats that exceed the specs for use in games, but these bats are marked and are intended for use in homerun contests only.
     
  11. Onceabum

    Onceabum TS Member

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    Two points: Being on the receiving end of a ball hit by a metal bat might change some of your minds. And...how much do you figure your child's life is worth?

    BB
     
  12. highflyer

    highflyer TS Member

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    How much do you think your child's life is worth? Isn't that exactly what courtrooms do. Put a dollar value on your child's life. Then the family takes their money and goes happily on their way, thanking their dead child while they buy the stuff they recieved from the child's death. There isn't enough money in the world to buy back one of my children and I could never enjoy one thing that money could buy me. No problem today. There is a price tag on everything. If you want to hold the bat makers responsible for the misuse of their product then put a warning on every bat, you know, like all the warnings on every other product today to warn idiots about the dangers of misuse. With this attitude we will not be enjoying guns very much longer. There are a thousand ways for an idiot to kill someone with a gun. Or are the ammunition makers responsible. Certainly not the person that was using the gun.
     
  13. highflyer

    highflyer TS Member

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    I think the maker of the ball is responsible. The bat maker should sue them. Never could understand why the balls are not made out of a soft material. I remember be scared in little league of that rock hard little baseball and a pitcher that could throw it very fast but had zero control over it. Better yet stop all sports. Do you have any idea how much sports injuries cost this country every year. Maybe Obama can ban them.
     
  14. jhoward

    jhoward Member

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    Misuse implies not using an object as it is intended. If said object is mislabeled and you use it according to the label, are you misusing or did the manufacturer mislead you?

    If a shotgun manufacturer made a gun today with damascus barrels, but did not label them as such and someone was injured by shooting modern shells in the gun who is at fault? The shooter who was not informed the gun was unsafe with modern loads or the manufacturer who did not properly label their product?
     
  15. 391 shooter

    391 shooter Well-Known Member

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    We are a sue crazy nation. It is a great loss to loose a child for any reason, but, an unintended result of a commonly used product does not need to be pursued in a court of law.

    That being said want change anything and now with this president being set, if the manufactuor does not recall all its products from the world and another misshap occurs, then they will be held to criminal liable.

    It's a sad time we have, common sense is a thing of the past.
     
  16. Bernie K

    Bernie K Member

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    I live in Rochester, NY. We just had a city man that was a player on a amature team of the North American Football League hit a ref in the face with his helmet, this was after the game had ended and the players were lining up to shake hands. He left the line and ran down to where the ref was standing and blindsided him with the helmet square in the face. Said "take that" and walked out of the stadium. The ref is in the hospital with severe lacerations, a broken jaw and nose and internal injuries. He will undergo facial reconstruction tomorrow. Maybe the lawyer will go after the manufacturer of the helmet? Anything is possible.
     
  17. Brian in Oregon

    Brian in Oregon Well-Known Member

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    WPT, quote: <i>"The person who is actually at fault and should be filed against is the kid who hit the ball, not the company who made it...."</i><br>
    <br>
    It's called "deep pockets".<br>
    <br>
    Lawsuits, even when won, aren't successful if you only get chump change out of them. A family with a combined household income of $40K and a heavily mortgaged home with a second mortgage on it is not going to get you any money. You might get a bit more from the trip and fall insurance the local Little League has. But the real money is going to be with the bat manufacturer. They've not only got insurance, but they've also got tangible assets. They've got "deep pockets", meaning lots of money.<br>
    <br>
    So that's who the lawyers primarily sue.<br>
    <br>
     
  18. Gold Medal

    Gold Medal Member

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    Jury decisions like this one is why they have state appellate courts, and if not succesful there, state supreme courts.

    It depends on how far the insurance company who is on the hook for writing the check wants to go before they obtain a ruling in their favor, meaning zero payout.

    I know of some "lunatic" decisions that were over-turned on appeal. It seems the appellate court, generally comprised of a judge or judges, uses common sense more times than do juries.

    If I were this unfortunate young mans parents I wouldn`t make a major purchase relying on the award funds to repay it. There may not be any funds after appeal.
     
  19. chiefjon

    chiefjon Active Member

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    Interesting comments...thanks. I am a little long in the tooth to know anything about composite or metal bats, but if there is a rating system, then you may be right and the jury was not as far out as I thought. Although, it does seem that the coaches would have more liability for not inspecting the bats than the manufacturer of the bat. I do understand the "deep pockets" concept.

    Thanks again.

    JON
     
  20. Dahaub

    Dahaub Active Member

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    Our nation has turned to "sueing" everyone when there is a death involved. I personally blame little league and pony league officials all over the nation for letting the kids use the aluminum bats to begin with. Those bats do accelerated the ball more than wood bats and they should be outlawed. I sympathise with the parents of the dead boy. There son is gone forever and the money won't bring him back.

    Thinking about the aluminum bats, they are dangerous and if they weren't the major leagues would be using them instead of the ash bats they have used all these years.

    If you think the award is excessive look at your own kids and pick the one you would be willing to trade for 850 thousand dollars. The money is not much in my opinion. Dan
     
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