In a case that heightened awareness of the risks of youth sports, a Wayne, New Jersey family whose son was left brain damaged after being hit in the chest by a line drive during a Little League baseball game in 2006 accepted a $14.5 million settlement Wednesday from an aluminum bat maker. More
Hey, you personal injury lawyers out there, explain this one to me. If the story is correct, there was no allegation that the aluminum bat was defective -- just that it was, well, aluminum and, therefore, the ball flew off of it faster than a wooden bat. No one disputes that. So just why would the bat manufacturer settle?
.jpg)
37 comments:
Because the Little League that allowed the bats to be used didn't have any money?
Their chickenshit insurance company got scared.
Rage
This is the craziest thing i've heard. So everytime a kid gets hit they are going to blame the bat company or maybe the ball company. The kid should have catched the ball instead of picking his nose.
I bet that Rage is a personal injury attorney. He is likely a ham & egger that does the grunt work for ambulance chasers like Jim Adler The Texas Hammer or he works for one of those sham medical clinics that refer patients to lawyers.
"Catched the ball"???
A wooden bat can do the same thing.
you know, this isn't a Fisher-Price world where everything is totally safe.
Where's the assumtion of risk when you put your kid in a baseball field where they *may* actually get hit by a flying baseball?
The parents allowed their kids to be present so why not sue the parents for contributory negligence? (sarcasm there)
This country has gone totally nuts.
Because a jury will feel sorry for the boy and will not care for the big money bat maker. Fairness/fault has nothing to do with it...
Rage is Mzchief
I don't see the issue. It was a metal bat people, come on!!! Everyone knows that metal bats are harder to kill then regular fleshy bats.
Chuck Norris 2012!!!
It's a damn good thing the inventor of basebal is dead. I bet they would have gone after him next. And if I was the kid that used that aluminum bat to hit the ball, I would be very worried.
Shut up Mzchief eerrrr Rage errr Wordbile all of ya's STFU.
Wonder what kind of bat the injured kid used the last time he was at the plate? Bet it wasn't a wooden one...
12:37
No, Rage = Chris Chris
It is simple....
The bat maker's bank is more than likely a lot larger than this Little League team's.
They went after the big pockets and the company probably looked at everything and decided it would be easier to settle for this than to spend legal fees in a trial where people would have been sympathetic to the family of this boy. They would have also risked a lot of PR damage possibly.
Maybe the bat maker knew that a well hit ball could come off the bat at a speed which could do severe damage to a child, but did not do anything about it. Negligence is my guess.
I bet that Rage is a personal injury attorney.
And I bet that this isn't the first or the last time you'll be wrong today.
Rage
I bet Joe Biden's dad was upset that Joe didnt play baseball. He had no one to sue.
The most interesting thing that I get out of these comments is that they show that none of you has read about the case but are still willing to comment anyway.
Double Fake Reasonable Guy
If this had been the child of one of these commentors, they would definitely have a heart.
I am all for injured people getting compensated but cannot figure out what legal responsibility bat manufacturer had. I could better understand a claim against the league for using aluminum bats instead of wood bats below a certain age but . . .
I am suing Google, because reading the comments on this blog gave my brain damage!
Can the batter sue the bat maker for the emotional distress caused by hitting the line drive in to the boy?
I'm betting there's a sealed confidential settlement in this case. Wonder what kind of studies regarding safety, materials, etc. might have been in the files of that bat maker that they did not want becoming public information. Happens all the time in these cases. Payoff to shut up. Lawyers get 40% of that, by the way.
Everyone has gone batty over this!!
This lawsuit as well as one out of Minnesota changed the bat specifications in all of baseball. College, HS, Little leagues all now have lower bounce factors on bats. The bat makers love it in the sense that every one has had to buy a new bat the last two years.
But it's bulsh just like the lady who won the spilled coffee in her lap case... you play a sport, you know the dangers. No one has to tell you these things... some facts are innate to life on earth.
Where does the parents responsibility lie? They make products, one is called heartguard, to protect against this kind of injury. I feel bad for the family and the kid, and my son played little league. There is an inherent risk to playing sports. Louisville got screwed. I know, I know they settled. The lawsuit shouldn't have been allowed.
"The most interesting thing that I get out of these comments is that they show that none of you has read about the case but are still willing to comment anyway.
Double Fake Reasonable Guy"
Well DFRG,
You spurred me to read the article and three things jumped out at me.
1) you're reasonable?
2) the accident happened exactly like we thought. Boy pitches ball, ball hits him in chest, heart stops for fifteen or twenty minutes, and he loses brain cells from oxygen depravation.
3) this happened in new jersey. A fly-over jury would not have ruled in this families favor.
While I think it is a nice favor for H&B to fork over money to pay for the kids housing and medical for the rest of his life. A company can go bankrupt very quickly over too many frivolous law suits.
If every bat maker got sued every time I took a bad hop off the lips there would be no bats.
I'm gonna sue Loves for the hooker giving me the clap, and Chesters chicken for giving me diarreah.
6:25 -
I didn't make any comment on the facts of the suit, only that nobody commenting knew any of the facts. Note the "DF".
If we could just convince people to give up their right to own a gun under the second amendment we could convince people to also give up their right to have a trial by jury guaranteed under the 7th amendment That way we wouldn't had mass killings like in aurora Colorado or stupid lawsuits like the McDonald's coffee case or this baseball bat case. Our country would be so much better off if we just got rid of those two things.
That girl from the Brady Bunch sued Wilson because their football broke her nose.
Sue happy society - instant cash. Surprised the parental unit didn't sue the moms working the concession stand. They are fair game too.
2:30
shut up.
Another example of how sue happy this country has become. It's ridiculous. Why don't we sue those who are cheating the government by being on welfare!!
What happened to having some pride and dignity and working for a living??? Now we have this flood of immigrants coming across our borders from the south with their hands out. Give me, Give me Give me!!!! That is why our insurance rates keep going up (vehicle & health). You get in an accident they don't have insurance, can't speak English and you get screwed!!! What is with this ESL crap??? English Second Language!!! Hell, English is the first language in this country. Learn how to speak it!!! don't get mad when we can't understand you!!
A joke about bats- it's not much, but it's all I got.
A vampire bat came flapping in from the night covered in fresh blood and parked himself on the roof of the cave to get some sleep. Pretty soon all the other bats smelled the blood and began hassling him about where he got it. He told them to leave him alone and let him get some sleep but they persisted until finally he gave in."OK, OK, do you see that tree out there?" he asked, pointing through the mouth of the cave."Yes, yes, yes!" the bats all screamed in a frenzy."Good," said the first bat, "Because I didn't!"
Well, the problem clearly is that boy went full on retard. Everybody knows you don't go full retard.
Post a Comment