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Hit by a batted ball? Sue the maker of the bat!

Discussion in 'Off-Topic' started by AeroJonesy, May 19, 2008.

  1. AeroJonesy

    AeroJonesy IncGamers Member

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    Hit by a batted ball? Sue the maker of the bat!

    http://abcnews.go.com/TheLaw/story?id=4885434&page=1

    I could see this being an issue maybe, maybe if he was in the stands. But he was the pitcher!

    We should stop child athletes from eating healthy food too. And exercising. Such activities are only going to make the child stronger, and thus hit the ball harder.
     
  2. Tanooki

    Tanooki IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    I thought this was going to be a metaphor about suing gun makers. Kinda funny - really sad.
     
  3. garublador

    garublador IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    If they're so against the metal bats, why did they let their kid play in the first place? Using a baseball instead of a tennis ball is siginifcantly more dangerous, too? Why aren't they mad about that part?

    I doubt this is how the legal system works, but to me it would make sense that you'd have to prove that he wouldn't have gotten the injury if a different bat were used.
     
  4. mince pies

    mince pies IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    Lol, what are you suggesting? That the boy get hit again by another ball with a different type of bat? :tongue:
     
  5. AeroJonesy

    AeroJonesy IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    Actually that's a fairly accurate guess at what must be proven. One of the elements of any tort claim is causation. The plaintiffs must show that it was the use of the metal bat that was the proximate cause of the boy's injury.



     
  6. MixedVariety

    MixedVariety Banned

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    Re: Hit by a batted ball? Sue the maker of the bat!

    Well, I can't support it; it's kind of silly, isn't it? And yet, I can understand a family trying to find someone, anyone, to blame--and maybe assist with medical bills--for such a freak accident.
     
  7. buttershug

    buttershug IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    Was it the families decision to sue, or an insurance company's decision?
     
  8. Yaboosh

    Yaboosh IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!


    An insurance company can make that decision for a family?



     
  9. Amra

    Amra IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!


    I am curious if CPR was done during that 20 minutes.

    I also wonder if coaches, umpires, and such are required to know CPR. I would think that would be a good idea for any school sport.
     
  10. buttershug

    buttershug IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!


    You've never read one of the stories where a kid sues their parents? It's because of the insurance companies.

    Basically as I understand it the insurance company will only pay up based on a court case.

    edit maybe not so much make the decision as much as require it.



     
  11. Jaelen

    Jaelen IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    This is pretty common in third party liability cases, such as auto accidents and workers comp. The insurance company tells the attorney how much they are out and the attorney includes that in the settlement. AFAIK though, very few to no insurance companies would request that sort of subrogation from a sports injury.


     
  12. garublador

    garublador IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    No, just that they'd have to prove that had the ball been hit with a wooden bat he woudln't have had the exact same injury. My point is that will be nearly impossible to prove. You'd have to show the difference in speeds of the ball off the bat and whether the difference would have meant anything.

    I figured they'd just have to prove that the metal bats were "too dangerous" and that all the people they are suing knew that but used them anyway. The article makes it sound like the information needed to show even that doesn't exist.

    If the difference in danger between a wooden and metal bat is about the same as the difference between a little 12 year old and a bigger 12 year old then it seems pretty silly to sue because of the bat. Standing in front of someone trying to hit a ball a couple hundred feet seems obviously dangerous to me, though. His parents could have greatly reduced the chance of that happening by not letting him play.



     
  13. Dondrei

    Dondrei IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    What's the name of that condition where you get hit in the chest between heartbeats and you get a heart attack?
     
  14. whitey

    whitey IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    More greedy *** Americans suing someone because of their own stupidity or just a freak accident. The only thing this family should be suing for is the little league not using metal bats anymore, that is the only thing I could understand. Trying to get money out of a freak accident during a sports game? greedy as hell. It's like when someone dies during a risky operation and the family immediately sues the doctor. To me they don't even care about their family member, all they see is a chance to get more money. **** happens, deal with it and move on. This kind of crap should be thrown out of court.
     
  15. AeroJonesy

    AeroJonesy IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    What does them being American have to do with it?

    I'd bet every single thing I own of value that if the parents could have their child back to how he was before the accident but not get any money, they'd do it in a heartbeat.

    I'd even give you 10 to 1 odds.



     
  16. Thelioness

    Thelioness IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    My guess is that they are suing because they need money to pay for his future medical needs. Granted I think that this was a freak accident and not the responsibility of the bat manufacturer or the sporting goods store. If anything, there should have been someone there that was trained in CPR so the kid wouldn't have been deprived of oxygen for 20 minutes.
     
  17. LunarSolaris

    LunarSolaris IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    Definitely a tragedy. I can understand a grieving family wanting to assess blame to someone. Unfortunately grief often makes for misguides pursuits - which I think is the case here.

    It was a freak accident, and it's very tragic. However, the bat manufacturer (and store) are not to blame in my opinion.
     
  18. garublador

    garublador IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    Don't take this bet. If he had the ability to increase the value of everything he owns by ten times he'd have done it already. There's no way you'll get ten times everything he owns if he's wrong. ;)

    I'll guess that AJ is right, though.



     
  19. AeroJonesy

    AeroJonesy IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    Shhh!

    I read another article on it, and there were some people about 90 seconds away (I think) that gave CPR. I, too, am a little confused as to why they say he went 15-20 minutes without oxygen if he did get CPR.

    I know there has been some changes made in the proper way to do CPR - more focused on chest compressions and less focus on rescue breathing. No point in putting oxygen in the blood stream if you're not manually pumping it around.



     
  20. trashX

    trashX IncGamers Member

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    Re: Hit by a batted ball? Sue the maker of the bat!

    I hope you or someone in your family is in that kids condition one day
    wonder if you can still say **** happens and then move on


     

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