Hit by a bat at a baseball game, does he have a case?

Page 3 - Seeking answers? Join the AnandTech community: where nearly half-a-million members share solutions and discuss the latest tech.

Raizinman

Platinum Member
Sep 7, 2007
2,353
74
91
meettomy.site
I have followed a few of these suits. Mainly the point the court will make was if it was done deliberate. If a batter gets struck out, and out of anger throws his bat into the stand, then he can be sued. On the other hand, if during the normal course of a game a foul ball, or bat, or such causes a participant harm, they are out of luck. Normally tickets will have a disclaimer on them. Lots of people get smacked in the face by trying to catch foul balls much more than getting hit with bats. From my research, often they will be reimbursed for medical (as the stadium has insurance) for when people start trying to collect millions, often they will refuse to assist at all.
 

BigToque

Lifer
Oct 10, 1999
11,700
0
76
First off, I think that some type of netting should be put up where balls/bats are most likely to end up. It took a little girl dying at a game for the NHL to put up the nets by the end boards. Hopefully MLB can come up with something as effective without disrupting the view of the game.

Second, this guy must have been a total asshole from the very beginning, because I can't believe for a second that the very first thoughts from team management were:

1. I hope he's alright
2. If not, we're gonna make sure that he gets the royal treatment (apology, medical care, souvenirs, meet and greet, and free tickets).

Maybe they did that and he's still trying to sue... I dunno, I only skimmed the article
 

TheToOTaLL

Platinum Member
Oct 7, 2001
2,246
2
0
When you have a ball being thrown at 90+ MPH you could be using anything but a metal little league bat and still be susceptible to it shattering with pieces flying everywhere. Even then, there's always the risk of a bat flying out of the player's hand and hitting some one, whether it shatters with a fast pitch or not.

It's the risk you take when not only playing the game but viewing the game, especially in seats so close to the action. He could have watched the game at home on TV, or bought different seats to mitigate his risk of injury. I feel sorry for his injury but he's just making himself look stupid.
 

wiredspider

Diamond Member
Jun 3, 2001
5,239
0
0
Ouch! I think he has a case to get his medical bills taken care of, along with some pain and suffering monies.

Yea it seems whacked out that he going after the person who lent the bat and the bat maker, but I also think it has to due with naming all parties in the suit at once (ie the player who used bat, blames the person who lent the bat, so they have to wait for that case, etc)
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
On the back of every ticket you release any and all liability of all parties by using the ticket. No case.
 

SP33Demon

Lifer
Jun 22, 2001
27,929
142
106
If he was a victim of a problem (maple bats) that the league has since fixed, then yes he is entitled to something for pain and suffering. If Goodyear Tires were injuring people due to an inferior rubber and they have since fixed it, then people injured by the inferior tires should be compensated.

Now suing the bat maker and the player is just downright frivolous. His case should be with MLB, nothing more nothing less.
 

KGB

Diamond Member
May 11, 2000
3,042
0
0
Spidey is correct, ... simply attending the game assumes certain risks. He has no case.

If I were MLB, I'd pay the guys medical expenses, give him a few season tickets and then remove and outlaw all bats other than ash in the Majors. We've all been watching this things explode for years and every off-season MLB says they need to study it more.
Gimme a fucken break.
 

OutHouse

Lifer
Jun 5, 2000
36,413
616
126
Wont be too long before someone is finally empaled by the sharp end. I agree with putting nets protecting the lower rows from things like this. Foul balls etc will still go over, but no liner drives into someones face.


yea the NHL didnt put up nets behind the goals until that little girl was tragically killed by a puck. i really hope it doesnt take a incident like that to change MLB policy.

I go to MLB baseball games quite a bit and i refuse to sit in line drive territory. its just too dangerous, one line drive to the temple or a splintered bat impaling a chest and its game over.
 

OutHouse

Lifer
Jun 5, 2000
36,413
616
126
It absolutely does. You are agreeing to a contract that releases any liability by using the ticket. It's your signature on a contract of release.

im sorry but those disclaimers do not mean a thing. if there is negligence involved then a law suit is warranted. its not a get out of jail free card.
 

herkulease

Diamond Member
Jul 6, 2001
3,923
0
0
Spidey is correct, ... simply attending the game assumes certain risks. He has no case.

If I were MLB, I'd pay the guys medical expenses, give him a few season tickets and then remove and outlaw all bats other than ash in the Majors. We've all been watching this things explode for years and every off-season MLB says they need to study it more.
Gimme a fucken break.

What you expect Bud Selig to do something? That guy is a lazy bum.

Its been over a year and they still can decide on the Oakland A's moving down to san jose.

Oh that's right Bud is still contemplating instant replay. It took how long before replays on just home runs to be instituted?
 

Sho'Nuff

Diamond Member
Jul 12, 2007
6,211
121
106
I don't think the spectator has a case against either player.

I haven't looked up the suit to identify the alleged causes of action, but based on the facts I know about I'm willing to speculate that there are three possible counts. Namely: 1) tortious battery; 2) negligence (also a tort); and 3) intentional infliction of emotional distress (father on behalf of son). I don't think any of them is a winner.

In most jurisdictions, tortious battery requires the plaintiff to demonstrate that the defendant's intentional act caused a harmful or offensive touching to the plaintiff's person, or some object attached to the plaintiff's person. Here, while the batter intentionally swung the bat, he did not do so with the intent of hitting the spectator. Thus, the player lacked the requisite intent required by the tort of battery. This is contrary to cases of true intentional battery, such as the Manning v. Grimsley case (Orioles pitcher intentionally threw ball at a Red Sox fan who was heckling him) available at http://ftp.resource.org/courts.gov/c/F2/643/643.F2d.20.80-1145.htm .

A negligence action requires the plaintiff to prove 5 elements, namely duty, breach of duty, actual causation, proximate causation, and damages. Duty relates to the standard of care the defendant owed to the plaintiff, if any. While an elevated duty of care might be imposed on the MLB to ensure spectator safety (because specators are business invitees to an event hosted by the MLB), I am not aware of any similar elevated standard that applies to players. Thus, the player in this case will likely be held to only owe the spectator a duty of ordinary care (i.e., to act in the same way that a reasonably prudent person would act under the same circumstances).*

Breach goes to whether the defendant failed to exercise the required duty of care. By using a bat that is known to have a propensity to break, it is arguable that the player did not exercise the required standard of care. But given the prevalence of the use of such bats in the industry, it is a very close case for the judge or jury to decide. My opinion is that the player wins on the elements of duty and breach, and thus wins the whole case. The player also may be able to assert that the defendant "assumed the risk" of being hit with a bat when he entered the park and remained in his seat, despite MLB warnings that bats may leave the playing area.

Causation and proximate cause relate to whether the defendant actually caused the plaintiff's injury, and whether the plaintiff was foreseeable. Here, there is little question that the player's bat caused the injury. But for the player swinging the bat and contacting the ball, the bat would not have shattered and injured the spectator. While it could not be predicted that any one specific spectator would be hit, the fact that a broken bat might fly into the stands and injure "a" spectator was predicatable (as evidenced by the numerous pictures in this thread). Thus, causation and proximate cause are likely met.

Damages - not an issue in this case. The spectator was clearly injured.

As to intentional inflication of emotional distress, that tort usually requires an intentional act by the defendant (which in some cases must arise to extreme or outrageous conduct) that results in damages to the plaintiff in the form of extreme emotional distress. In bystander cases, such as this one, the plaintiff is often required to show that the defendant knew the plaintiff was there, and went through with the act causing the extreme emotional distress anyway. Where the emotional distress arises by conduct to a third party, the plaintiff and the third party are frequently required to have a close relationship (met in this case by the fact that the plaintiff is the son of the person who was injured).

Here, it is doubtful that the plaintiff can prove that the player's acts were "extreme" or "outrageous" or even that the player was aware of the plaintiff's presence. Given these substantial obstacles, I do not see the plaintiff (son's) case for emotional distress going anywhere.

What I am surprised about is that the plaintiff has not sued the manufacturer of the bat for products liability. From the limited knowledge I have on the subject matter, it would seem that the plaintiff has a pretty good strict products liability case based on a design defect in the bat. Not to mention that the manufacturer likely has much deeper pockets than either of the players involved.

Final sidenote. The suit against the player who lent the batter the bat is likely based on a "negligent entrustment" theory. That theory usually requires the plaintiff to show that the defendant had at least some knowledge (scienter) of the (usually hidden) dangerous propensities of the object being lent, or the party to whom the object is being lent (e.g., parent A lends matches to a small boy B, knowing that B is a pyromaniac. B burns down neighbor C's hous with the matches. C can likely sue A for negligent entrustment).

* Note, if anyone wonder's why the NHL started putting nets up around hockey rinks in the mid 1990's, this is why.

**Note 2: none of the above is legal advice or intended as legal advice. Any reliance on it is at the reader's own risk.
 
Last edited:

Sho'Nuff

Diamond Member
Jul 12, 2007
6,211
121
106
If he was a victim of a problem (maple bats) that the league has since fixed, then yes he is entitled to something for pain and suffering. If Goodyear Tires were injuring people due to an inferior rubber and they have since fixed it, then people injured by the inferior tires should be compensated.

Now suing the bat maker and the player is just downright frivolous. His case should be with MLB, nothing more nothing less.

Er. . . . Your first paragraph and second paragraph are entirely inconsistent. Products liability lies with the manufacturer (in 99.9% of all cases), not the end user or reseller. The reseller/end user can be sued, but generally has a cause of action for "contribution" or "indemnity" from the manufacturer.
 

Sho'Nuff

Diamond Member
Jul 12, 2007
6,211
121
106
Spidey is correct, ... simply attending the game assumes certain risks. He has no case.
Assumption of the risk is not an absolute defense in many (perhaps most) states. I.e., it might lower the amount of compensation awarded, but it generally will not completely releive a tortfeasor of liability.

Moreover, it does not relieve any tortfeasor from taking reasonable precautions to protect invitees from forseeable risks while such invitees are on the tortfeasor's premises. This is particularly true when the tortfeasor is a business that has invited individuals to come onto its premises for some business purpose. As reflected in the tort law of most states, such businesses owe those invitees a very high duty of care.
 

Felisity

Senior member
Sep 1, 2002
382
0
0
Really surprised this guy would even be able to sue. He's waited 3 years.

Isn't there a statute of limitations ?
 

Sho'Nuff

Diamond Member
Jul 12, 2007
6,211
121
106
Really surprised this guy would even be able to sue. He's waited 3 years.

Isn't there a statute of limitations ?

I'm not a New York lawyer, but I think the SOL for personal injury in that state is 3 years. he probably filed his case just before the statory period expired.
 

Freshgeardude

Diamond Member
Jul 31, 2006
4,510
0
76
While he does have some legitimate claims, I would be surprised if MLB and the team didnt have something writing off liability when ordering the ticket.


what happened to him is rare.
 

DaTT

Garage Moderator
Moderator
Feb 13, 2003
13,295
118
106
Please show me a nation with "free health care"

I guess by "free" I meant we aren't paying out of pocket up front at the hospital....more of a life long ass-rape in taxes. But surely you understood what I meant.
 

Phoenix86

Lifer
May 21, 2003
14,643
9
81
If you were to read what you posted....her medical costs were 11k, whats the other 9 for?
http://en.wikipedia.org/wiki/Punitive_damages

While I despise frivolous lawsuits it's just as tragic to dismiss legit lawsuits as frivolous. FYI, the McDs coffee case is nearly textbook definition of liability/negligence suit, the complete opposite of frivolous.

This suit MAY have merit, especially if the bats are breaking at a higher rate.

Seems like McDonald's was just following what's been established as the proper temperatures for quality coffee. Their policy today is still to keep the coffee in that range of temperatures. So all the lawsuit accomplished was a stronger warning label on the cup that no one pays attention to anyways.

It says right on the ticket (and it's read aloud over the PA system before every game) to be aware of objects leaving the field of play and that they are not liable for any injuries including death.
Huh? It doesn't matter who recommends what as far as taste.

http://www.lectlaw.com/files/cur78.htm

Plaintiffs' expert, a scholar in thermodynamics applied to human skin burns, testified that liquids, at 180 degrees, will cause a full thickness burn to human skin in two to seven seconds.


You don't serve products that hot. Also, they changed their serving temps immediately after the lawsuit to what others were serving. Also from that link.

McDonalds also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.


Post-verdict investigation found that the temperature of coffee at the local Albuquerque McDonalds had dropped to 158 degrees fahrenheit.
 

KGB

Diamond Member
May 11, 2000
3,042
0
0
Spidey is correct, ... simply attending the game assumes certain risks. He has no case.
Assumption of the risk is not an absolute defense in many (perhaps most) states. I.e., it might lower the amount of compensation awarded, but it generally will not completely releive a tortfeasor of liability.

Moreover, it does not relieve any tortfeasor from taking reasonable precautions to protect invitees from forseeable risks while such invitees are on the tortfeasor's premises. This is particularly true when the tortfeasor is a business that has invited individuals to come onto its premises for some business purpose. As reflected in the tort law of most states, such businesses owe those invitees a very high duty of care.

Do you actually talk like this in real life?
 
sale-70-410-exam    | Exam-200-125-pdf    | we-sale-70-410-exam    | hot-sale-70-410-exam    | Latest-exam-700-603-Dumps    | Dumps-98-363-exams-date    | Certs-200-125-date    | Dumps-300-075-exams-date    | hot-sale-book-C8010-726-book    | Hot-Sale-200-310-Exam    | Exam-Description-200-310-dumps?    | hot-sale-book-200-125-book    | Latest-Updated-300-209-Exam    | Dumps-210-260-exams-date    | Download-200-125-Exam-PDF    | Exam-Description-300-101-dumps    | Certs-300-101-date    | Hot-Sale-300-075-Exam    | Latest-exam-200-125-Dumps    | Exam-Description-200-125-dumps    | Latest-Updated-300-075-Exam    | hot-sale-book-210-260-book    | Dumps-200-901-exams-date    | Certs-200-901-date    | Latest-exam-1Z0-062-Dumps    | Hot-Sale-1Z0-062-Exam    | Certs-CSSLP-date    | 100%-Pass-70-383-Exams    | Latest-JN0-360-real-exam-questions    | 100%-Pass-4A0-100-Real-Exam-Questions    | Dumps-300-135-exams-date    | Passed-200-105-Tech-Exams    | Latest-Updated-200-310-Exam    | Download-300-070-Exam-PDF    | Hot-Sale-JN0-360-Exam    | 100%-Pass-JN0-360-Exams    | 100%-Pass-JN0-360-Real-Exam-Questions    | Dumps-JN0-360-exams-date    | Exam-Description-1Z0-876-dumps    | Latest-exam-1Z0-876-Dumps    | Dumps-HPE0-Y53-exams-date    | 2017-Latest-HPE0-Y53-Exam    | 100%-Pass-HPE0-Y53-Real-Exam-Questions    | Pass-4A0-100-Exam    | Latest-4A0-100-Questions    | Dumps-98-365-exams-date    | 2017-Latest-98-365-Exam    | 100%-Pass-VCS-254-Exams    | 2017-Latest-VCS-273-Exam    | Dumps-200-355-exams-date    | 2017-Latest-300-320-Exam    | Pass-300-101-Exam    | 100%-Pass-300-115-Exams    |
http://www.portvapes.co.uk/    | http://www.portvapes.co.uk/    |