Lawsuit Reality Check?

[captain]

but that is the point....the jury did not say the bat was the problem....

they said "put a warning on it"

the $850k is for not putting a warning on the bat.......

who does the warning hurt?

everybody keeps saying "parents know the dangers" what little leagues are you going to, my parents at my league are retarded.

Ya know there is only so much real estate on a bat, wait until some little kid accidentaly lets go of the bat when he is swinging, now we will have a warning that says hold on firmly.

What about when the kid drops the bat at home plate and it bounces up and hits the catcher in the noggin, we will have a warning label that says gently lay bat down, do not drop...

the list goes on and on, there are inherent risk in sports, next we will need warning labels etched on knives, "warning dont poke in your eye", " Warning dont throw knife", "warning sharp edge can cut"

I can play this same game with you all day, common sense does not prevail in the us right now because people have allowed themselves to always be told what to do instead of taking ownership and accountability for themselves.

 

[afterhours]

Ya know there is only so much real estate on a bat, wait until some little kid accidentaly lets go of the bat when he is swinging, now we will have a warning that says hold on firmly.

What about when the kid drops the bat at home plate and it bounces up and hits the catcher in the noggin, we will have a warning label that says gently lay bat down, do not drop...

the list goes on and on, there are inherent risk in sports, next we will need warning labels etched on knives, "warning dont poke in your eye", " Warning dont throw knife", "warning sharp edge can cut"

I can play this same game with you all day, common sense does not prevail in the us right now because people have allowed themselves to always be told what to do instead of taking ownership and accountability for themselves.

if so many people lack "common sense" is it truly common?

in fact it would be extra-ordinary sense....

the use of aluminum bats is not an integral part of the game,and the danger of the aluminum bat is not inherent to the game, it is the result of an outside factor, greed.

 

[afterhours]

They said it but is there a warning sticker anywhere?

they had a written test.

 

[dadofthree]

Go watch the new movie out called "Law abiding citizen". It's a wake up call to the legal system in this country. It's not about right or wrong anymore, it's all about money. It has been that way for a long time.
Both the legal and the medical system started out with helping people as a motive, but today the only thing every pre law and pre med student can think about is which Mercedes am I getting.

Doctors, lawyers, MacDanalds, nor bat manufacturers pay for anything. The consumer pays all the bills ..........

 

[tbonebusa]

if so many people lack "common sense" is it truly common?

in fact it would be extra-ordinary sense....

the use of aluminum bats is not an integral part of the game,and the danger of the aluminum bat is not inherent to the game, it is the result of an outside factor, greed.

BS Again....Aluminum bats have been the norm in Youth Baseball for over 30 years. In fact, the typical aluminum bat used in 95% of Little League play retails for under 50 dollars. If we went back to wood bats, the durability issue would actually drive the typical league costs UP due to breakage and wear.

Yeah, I know...my kid swings a 300 dollar DeMarini...but he is one of the group that are the exception, not the rule. The majority of aluminum bats in League Play are priced at under 50 dollars.

The bat companies make the real money on us Recreational Softball players, who spend 3-400 a year to have the latest and greatest to make up for our declining abilities!!


My last thought: I would bet almost anything that if this issue had come up in the past, and there WAS a warning sticker on the bat in question, that the final outcome would have been the same. The same utter lack of common sense that drives these lawsuits also gives weight to the argument that the typical user would either not read the sticker, or read it and not heed it's warning.

 

[Mr Bogus]

"Lay bat down gently after hitting ball"

can not even explain the visual that brings up.... soccer mom goes baseball!!


"when running in our shoes, approach the bag with caution, you might collide with other players or twist an ankle"
When using this glove, make sure you do not use your face instead"
"warning Jock straps can hurt"

"warning! Eating food at our concession stand can lead to obesity and heart attack"

WARNING:!! I met my EXwife at a baseball game... This could be hazardous to your welfare!


I think a thread for "The dumbest warning sticker" would be a ball

 

[shadetree57]

"Lay bat down gently after hitting ball"

can not even explain the visual that brings up.... soccer mom goes baseball!!


"when running in our shoes, approach the bag with caution, you might collide with other players or twist an ankle"
When using this glove, make sure you do not use your face instead"
"warning Jock straps can hurt"

"warning! Eating food at our concession stand can lead to obesity and heart attack"

WARNING:!! I met my EXwife at a baseball game... This could be hazardous to your welfare!


I think a thread for "The dumbest warning sticker" would be a ball

I wish they'd go back to wooden bats, I hate the way an aluminum bat sounds when it connects with a ball or rock.

 

[Mr Bogus]

I wish they'd go back to wooden bats, I hate the way an aluminum bat sounds when it connects with a ball or rock.

a "rock" ?? oh man didnt you know you could be arrested for that?




when I was a kid (like last week) I had to take tennis lessons... I found that the lemon tree we had in the front yard made the best tennis balls..

it was all fun and games till I launched one through the neighbors window (3 doors down and across the street no less)... I guess it should have had a warning... "WARNING: do not let idiots use this sporting equipment, it will save us a ton of $$ on lawsuits and dumbass warning stickers"

 

[shadetree57]

The best I can remember from a looooong time ago, Rocks aint good for bats. When I was a kid aluminum hadn't been invented yet

 

[Twobrothersbusa]

Been traveling all day and just got back to the post. Didn't mean to cause a stir, but this stuff makes me crazy. There is probably a website that I could go find all the wild lawsuits out there, but I use meds for my BP already!

 

[Mr Bogus]

The best I can remember from a looooong time ago, Rocks aint good for bats. When I was a kid aluminum hadn't been invented yet

yea I bet you are so old that there were only one or two tree rings in a bat...

 

[outofmyway]

if so many people lack "common sense" is it truly common?

in fact it would be extra-ordinary sense....

People do not lack common sense, they Ignore common sense, just like people miss what's in front of their faces all the time.

 

[Mr Bogus]

Ok so a guy robs a bank and steals the video camera that recorded the crime

He sues the bank because the camera did not have a warning sticker that the recorded video was at a remote location and not in the camera...

 

[afterhours]

BS Again....Aluminum bats have been the norm in Youth Baseball for over 30 years. In fact, the typical aluminum bat used in 95% of Little League play retails for under 50 dollars. If we went back to wood bats, the durability issue would actually drive the typical league costs UP due to breakage and wear.

Yeah, I know...my kid swings a 300 dollar DeMarini...but he is one of the group that are the exception, not the rule. The majority of aluminum bats in League Play are priced at under 50 dollars.

The bat companies make the real money on us Recreational Softball players, who spend 3-400 a year to have the latest and greatest to make up for our declining abilities!!

My last thought: I would bet almost anything that if this issue had come up in the past, and there WAS a warning sticker on the bat in question, that the final outcome would have been the same. The same utter lack of common sense that drives these lawsuits also gives weight to the argument that the typical user would either not read the sticker, or read it and not heed it's warning.

ain't that the truth....

 

[Dino]

Hey does this mean I can sue Suzuki for not putting a label on the bike that told me to look out for white trucks making left turns?

Im just sayin!

If there was something about the bike that they knew made it potentially more dangerous when making left turns in front of white trucks and here is the important part...they did not tell you..then yes you probably would have a case.

The point is they made a product that when used as intended created a situation that was potentially more hazardous than expected. All this is ok if you TELL the consumer so they can make an informed decision about what risk they want to take.

Is this common knowledge:

"Most studies indicate that the speed with which a ball comes off an aluminum bat is about 15 to 25 percent faster than a wooden bat," said the family's attorney.

I have not seen any studies, and if i was a judge I would want him to produce them, but if true shouldn't parents be informed?

 

[captain]

If there was something about the bike that they knew made it potentially more dangerous when making left turns in front of white trucks and here is the important part...they did not tell you..then yes you probably would have a case.

The point is they made a product that when used as intended created a situation that was potentially more hazardous than expected. All this is ok if you TELL the consumer so they can make an informed decision about what risk they want to take.

Is this common knowledge:

"Most studies indicate that the speed with which a ball comes off an aluminum bat is about 15 to 25 percent faster than a wooden bat," said the family's attorney.

I have not seen any studies, and if i was a judge I would want him to produce them, but if true shouldn't parents be informed?

No! this falls into the catagory of inherent risk, we all know the ball is coming back fast, we all know that there is a chance that kids will get hit, we all know its dangerous. You just can't tell me that the speed of the ball coming off that bat made more of a difference than a hard hitting kid that used a wooden bat...

Once again I could almost see how the league could be questioned but if the bat indeed was within the range that has been accepted by the industry then its not the bat company's fault....

HOWEVER just because I like to give the benefit of the doubt... Lets say that the warning label was on the bat.... Now what! If it fell within the standards imposed what then, how many times have you seen the batter walk to the pitcher and let him look at the stamp.... NOT ONE SINGLE TIME........ So great now the bat company will put a warning label on the bats and who will see them, the batter...... What the hell good is that going to do, every batter around will want one because it makes the ball go faster and farther.....

tell me how putting a label on there is going to save the pitcher again....

CAp

 

[Takeuon]

As I watch the World Series and read this.

Oh yeah....nice wooden bats they have there. Don't see any "warning stickers"

 

[Dino]

No! this falls into the catagory of inherent risk, we all know the ball is coming back fast, we all know that there is a chance that kids will get hit, we all know its dangerous. You just can't tell me that the speed of the ball coming off that bat made more of a difference than a hard hitting kid that used a wooden bat...

Once again I could almost see how the league could be questioned but if the bat indeed was within the range that has been accepted by the industry then its not the bat company's fault....

HOWEVER just because I like to give the benefit of the doubt... Lets say that the warning label was on the bat.... Now what! If it fell within the standards imposed what then, how many times have you seen the batter walk to the pitcher and let him look at the stamp.... NOT ONE SINGLE TIME........ So great now the bat company will put a warning label on the bats and who will see them, the batter...... What the hell good is that going to do, every batter around will want one because it makes the ball go faster and farther.....

tell me how putting a label on there is going to save the pitcher again....

CAp

You are right I can't tell you but here is a study if you are interested:

Why Aluminum Bats Perform Better than Wood Bats

Ok so you have 2 bats a wooden one and a metal one. I am willing to bet that the average person has no idea that a ball hit with a metal bat moves faster. Apparently siginificantly faster. This resulting increase in speed creates a greater risk to a kid who is struck.

You prove my point when you say that if you put a sticker on a bat every player will want one. It shows that it is NOT common knowledge that a ball hit with a metal bat goes faster. If it is common knowledge then why would anyone use a wooden bat?

Is it unreasonable to make sure parents know of the increased risk from a ball hit by a metal bat? I don't think it is. Is the award unreasonable? Don't know because I don't know all the facts in the case. Would a label made a difference, hell I don't know, I really don't think it would because I think the parents would have let the kid play anyhow. Maybe all the attention will create changes in the leagues that make the game a little safer.

 

[J'Man]

I'm not sure which is more outrageous, the family being awarded $850 million or the fact that a couple of people in this thread actually agree with them. I think I may sue Dino and Afterhours for upsetting me since they didn't post a warning stating their responses could possibly raise my blood pressure and cause me emotional distress.

 

[Dino]

I'm not sure which is more outrageous, the family being awarded $850 million or the fact that a couple of people in this thread actually agree with them. I think I may sue Dino and Afterhours for upsetting me since they didn't post a warning stating their responses could possibly raise my blood pressure and cause me emotional distress.

Good one