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

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BoomerD

No Lifer
Feb 26, 2006
63,270
11,625
136
Why do you need to be compensated for an accident? Life isn't easy all the time....shit happens. Like I said above, medical bills should be covered....just look at the what this guy wants compensation for.

Because, as you so wisely pointed out, it's the American way.
 

DaTT

Garage Moderator
Moderator
Feb 13, 2003
13,295
118
106
I didn't argue that point (there certainly are a large amount of frivolous cases), so whatever thinking you've got going there is wrong as well. If you're going to call a case bullshit when its not, then yeah I'm going to point out that you're wrong, or at best misguided. Maybe if people actually took the time to learn the facts we'd have less idiocy in general.

That case is ridiculed globally....to me, that's like ordering a steak at a restaurant and then dropping the steak knife and it happens to land point down and stabs you and suing because the knife was too sharp. I bet we will see that exact case in the future. Then we will all be eating our steaks with butter knives.
 

fustercluck

Diamond Member
Dec 29, 2002
7,404
0
71
We've been playing baseball in America for well over a hundred years. There's no need for more nets and all that other BS. It's part of the experience. BAM!

Baseball fan's same old argument against any change... "it's been the same way for 100+ years so it must be right!"
 
Mar 11, 2004
23,148
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Why do you need to be compensated for an accident? Life isn't easy all the time....shit happens. Like I said above, medical bills should be covered....just look at the what this guy wants compensation for.

Its not an accident if its negligence. I pointed out to you that maple bats have been known to be an issue, and baseball refuses to do anything about it, and so people continue to get hurt, for no good reason.

That case is ridiculed globally....to me, that's like ordering a steak at a restaurant and then dropping the steak knife and it happens to land point down and stabs you and suing because the knife was too sharp. I bet we will see that exact case in the future. Then we will all be eating our steaks with butter knives.

Its ridiculed globally because most people don't know the actual situation. Don't you think its, well fucking moronic to call her stupid when you're the one that doesn't know what the fuck is going on? Seriously, instead of talking shit actually go look this up and see what really happened. Its more than even just the more severe burns (which I don't know why you act like that's no big deal, as it is a very significant thing, but whatever).

Hell I'll make it easy for you, here's the Wiki page: http://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants
 
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AtlantaBob

Golden Member
Jun 16, 2004
1,034
0
0
Depends on what he's asking. If it's medical bills + anything he missed from work + $25 - $50K or so, I think I might be ok with it. If it's the typical "you owe me $200 million" for an accident... I have a problem with it.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,606
166
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www.slatebrookfarm.com
Why do you need to be compensated for an accident? Life isn't easy all the time....shit happens. Like I said above, medical bills should be covered....just look at the what this guy wants compensation for.

So, you think suing is stupid. But, since the medical bills weren't paid, the only way to get them paid is <drum roll> by suing. Thus, if you were on the jury, you seem to favor awarding the man for his injuries. Could you please pick one side of the argument? Or don't you realize how ridiculous your point is?
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
49,606
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And, just to point out the key thing in that McD's lawsuit you're harping on,
she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent. She remained in the hospital for eight days while she underwent skin grafting. During this period, Liebeck lost 20 pounds (nearly 20 percent of her body weight), reducing her down to 83 pounds. http://en.wikipedia.org/wiki/Liebeck_v._McDonald&#37;27s_Restaurants#cite_note-11Two years of medical treatment followed.

Liebeck sought to settle with McDonald's for $20,000 to cover her medical costs, which were $11,000, but the company offered only $800.

Note, the victim only wanted to be reimbursed for medical costs. Think about it - 3rd degree burns, skin grafting, etc. - most normal people wouldn't suspect that spilling a cup of coffee on themselves would lead to such severe injuries, because most people don't brew their coffee at as high a temperature as the McD's coffee was at.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
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RocksteadyDotNet

Diamond Member
Jul 29, 2008
3,152
1
0
That case is ridiculed globally....to me, that's like ordering a steak at a restaurant and then dropping the steak knife and it happens to land point down and stabs you and suing because the knife was too sharp. I bet we will see that exact case in the future. Then we will all be eating our steaks with butter knives.

That case has nothing on this.

http://www.dailyinterlake.com/news/local_montana/article_3a5c2d3a-9d06-11df-8fed-001cc4c002e0.html?r

"Justine Winter — the Evergreen teenager charged with deliberate homicide in the traffic deaths of Erin Thompson and her 13-year-old son — has sued Thompson’s estate and the construction company that built the U.S. 93 overpass at Church Drive where the accident occurred.".

LOL @ America.
 

goog40

Diamond Member
Mar 16, 2000
4,198
1
0
And, just to point out the key thing in that McD's lawsuit you're harping on,


Note, the victim only wanted to be reimbursed for medical costs. Think about it - 3rd degree burns, skin grafting, etc. - most normal people wouldn't suspect that spilling a cup of coffee on themselves would lead to such severe injuries, because most people don't brew their coffee at as high a temperature as the McD's coffee was at.

From Wiki:
During the case, Liebeck's attorneys discovered that McDonald's required franchises to serve coffee at 180&#8211;190 &#176;F (82&#8211;88 &#176;C). At that temperature, the coffee would cause a third-degree burn in two to seven seconds.
...
Though defenders of the Liebeck verdict argue that her coffee was unusually hotter than other coffee sold, other major vendors of coffee, including Starbucks, Dunkin' Donuts, Wendy's, and Burger King, produce coffee at a similar or higher temperature, and have been subjected to similar lawsuits over third-degree burns.[18]

Home and commercial coffee makers often reach comparable temperatures.[19] The National Coffee Association of U.S.A. instructs that coffee should be brewed "between 195-205 degrees Fahrenheit [91&#8211;96 &#176;C] for optimal extraction" and consumed "immediately". If not consumed immediately, the coffee is to be "maintained at 180-185 degrees Fahrenheit".

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.
 
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DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
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From Wiki:


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.

The key though is that DaTT believes the victim is entitled to compensation for medical bills while also claiming they shouldn't be entitled to sue.
 
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DaTT

Garage Moderator
Moderator
Feb 13, 2003
13,295
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And, just to point out the key thing in that McD's lawsuit you're harping on,


Note, the victim only wanted to be reimbursed for medical costs. Think about it - 3rd degree burns, skin grafting, etc. - most normal people wouldn't suspect that spilling a cup of coffee on themselves would lead to such severe injuries, because most people don't brew their coffee at as high a temperature as the McD's coffee was at.

If you were to read what you posted....her medical costs were 11k, whats the other 9 for?

And yes, I should have been more clear in earlier posts, its the "pain & suffering" that gets me. There is a class action lawsuit up here in Canada that was just filed regarding the G20. Protesters that say they were wrongfully arrested. Absolute garbage, they knew of the security and there potential of being arrested, yet they still went out. They have done nothing but waste tax payers money.

And also DrPizza ,

The key though is that DaTT believes the victim is entitled to compensation for medical bills while also claiming they shouldn't be entitled to sue.

If you had of read my posts you would have seen it was the whole copious amounts of money for this "pain & suffering" of which I was referring too. A little common sense and you would have figured that out. I will be more clear from here on out.
 

dfuze

Lifer
Feb 15, 2006
11,953
0
71
Horribly tragic but yeah, the team will settle. And I also agree that going after the bat maker is rediculous
 

Exterous

Super Moderator
Jun 20, 2006
20,424
3,526
126
Note, the victim only wanted to be reimbursed for medical costs. Think about it - 3rd degree burns, skin grafting, etc. - most normal people wouldn't suspect that spilling a cup of coffee on themselves would lead to such severe injuries, because most people don't brew their coffee at as high a temperature as the McD's coffee was at.

Even home brewed coffee can cause significant burns. When I was younger a coffee maker was tipped over and hot coffee grounds spilled on my arm. I got second degree burns over 80&#37; of my forearm and 3rd degree burns wherever a coffee ground got stuck to my skin. Fortunately I was left with very little scarring

Damn - I missed out - I shoulda sued the maker of the coffee maker
 

Zargon

Lifer
Nov 3, 2009
12,240
2
76
If you had of read my posts you would have seen it was the whole copious amounts of money for this "pain & suffering" of which I was referring too. A little common sense and you would have figured that out. I will be more clear from here on out.

I would think its not much of a stretch to give the 'victim' some compensation for the time and pain endured from an injury. how long could that dude not go to work?

but he is going way over the top

I woulkd bet that if McD's has countered the 20K with say, 13K, she woulda said fine. some of these things have lasting effects, damaged nerve tissues etc.

although, dude shoulda been paying attention..
 
Feb 16, 2005
14,033
5,334
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Yikes, I dunno, getting hit by a ball or a bat is 100% accident, they used a maple bat knowing it's likelihood of shattering vs an ash bat... Kinda sketchy and leans towards the plaintiff.
It's gonna be settled out of court though, I'm pretty sure of that.
 

Rubycon

Madame President
Aug 10, 2005
17,768
485
126
I thought most fields had nets. At least behind home plate.

If they put up chain link fences past the box seating area the drunks will climb up them and fall down on people! An electrical stimulus can prevent this, however.
 
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