Mets and MLB sued by man hit by shattered bat

[metsbats]

http://msn.foxsports.com/mlb/story/Fan-suing-Mets-and-MLB-for-facial-injuries-from-broken-bat-080910

He's actually suing the team, MLB, Rawlings, Luis Castillo (who hit the foul ball), and Ramon Castro (it was his Rawlings bat).

Did he miss anyone?

[OaklandAsFan]

the guy that threw the ball, the ump that touched it before the pitcher, the ball boy who brought the ball to the ump, the ump attendant who rubbed down the ball before the game.

ummm the ticket broker who sold him the ticket, the printer company whose printer printed the ticket, the manufacturer of the seat he was sitting in

this is just a loser looking to make some easy money because he was to lazy to pay attention to the game. All this is clearly spelled out on the back of the ticket that MLB and the team are not responsible for this.

[slambam]

It sucks for what happened, but this guy is an idiot. The last line of that story put the guy in his place. It reminds me of Josh Hancock's father suing the tow truck driver, driver with the car problems, etc. when Josh passed. Bad things happen and it sucks, but sometimes you have to realize who's really in the wrong of situations.


MLB says on tickets that fans assume risk for accidents incidental to the game, such as getting hit by foul balls and broken bats.

[legaleagle92481]

when you go to a game you assume the risk of various forseeable injuries. getting hit by a batted ball or broken bat are in that bundle of risks. there is no grounds for a lawsuit and the lawyer who filed it should be sanctioned and he/she and the plaintiff should split the defendants legal costs and mlb should ban him from attending all future games in any stadium.

[lakeerie92]

Would banning a fan from future game just be a symbolic gesture? I can't even imagine how they can keep someone from attending a game. I have always wondered that when hearing about fans being banned.

[STLHAMMER32]

Would banning a fan from future game just be a symbolic gesture? I can't even imagine how they can keep someone from attending a game. I have always wondered that when hearing about fans being banned.

It's scary how many cameras are actually around us that we don't even notice. I know at the casinos they have facial recognition technology for keeping known cheaters out that try to sneak in with different looks, wigs facial hair etc...If they don't go to that extreme I don't know how they could actually truly ban someone and enforce it though.

[cohibasmoker]

when you go to a game you assume the risk of various forseeable injuries. getting hit by a batted ball or broken bat are in that bundle of risks. there is no grounds for a lawsuit and the lawyer who filed it should be sanctioned and he/she and the plaintiff should split the defendants legal costs and mlb should ban him from attending all future games in any stadium.

No grounds for the lawsuit? I've seen plaintiff's get jury awarded settlements where their injuries were less severe and they actually had a hand in how their injuries were received. Hey, I am NOT agreeing with the lawsuit at all but after seeing the guy's face (see below link), I can understand why it is being filed.

Of note, there may be precedence and/or case law in these types of cases because the NHL now has netting around the goalie areas to stop flying pucks from striking fans.

http://www.nydailynews.com/ny_local/2010/08/09/2010-08-09_mets_fan_james_falzon__who_took_splintered_bat_ to_face__sues_team_players_mlb_ba.html

[BradleyERyon]

This guy is just trying to make a quick buck. I just checked out the back of one of my Orioles tickets and it reads, in part:

"WARNING The holder assumes all risks and danger incidental to the game of baseball including events occurring before, during, or after the actual playing of the game, including specifically (but not exclusively) the danger of being injured by: thrown or broken bats; thrown or batted balls; hit, thrown, dropped, or launched items and projectiles; and other hazards or distractions. Holder agrees that Ticketmaster, MLB, the AL and NL, the participating clubs, their agents and players and other individuals, are not liable for damages or personal injuries resulting from such causes."

[cohibasmoker]

This guy is just trying to make a quick buck. I just checked out the back of one of my Orioles tickets and it reads, in part:

"WARNING The holder assumes all risks and danger incidental to the game of baseball including events occurring before, during, or after the actual playing of the game, including specifically (but not exclusively) the danger of being injured by: thrown or broken bats; thrown or batted balls; hit, thrown, dropped, or launched items and projectiles; and other hazards or distractions. Holder agrees that Ticketmaster, MLB, the AL and NL, the participating clubs, their agents and players and other individuals, are not liable for damages or personal injuries resulting from such causes."

Again - I am NOT defending the guy but when one looks at our legal system, anything is possible. In NJ, there was a recent court ruling that Police have to advise driver's of their rights in the language that they are accused to when driver's are stopped on suspicion of drunk driving.

http://www.nj.com/news/index.ssf/2010/07/nj_defendant_in_dwi_breath-tes.html

So, with that said, maybe the victim DID NOT understand the warning. I don't know but as in an old Seinfeld segment goes, "his face is his case".

[CampWest]

Lets not forget that just a year or so ago Hillerich & Bradsby lost a lawsuit because a PITCHER was killed by a line drive off a Louisville Slugger branded bat. He clearly knew the risks and so did his parents, yet still his parents won the lawsuit and celebrated their financial windfall - disgusting all the way around.

I would not say any lawsuit is beyond possible success, I am constantly surprised at the things juries "of my peers" rule in favor of.

[legaleagle92481]

No grounds for the lawsuit? I've seen plaintiff's get jury awarded settlements where their injuries were less severe and they actually had a hand in how their injuries were received. Hey, I am NOT agreeing with the lawsuit at all but after seeing the guy's face (see below link), I can understand why it is being filed.

Of note, there may be precedence and/or case law in these types of cases because the NHL now has netting around the goalie areas to stop flying pucks from striking fans.

http://www.nydailynews.com/ny_local/2010/08/09/2010-08-09_mets_fan_james_falzon__who_took_splintered_bat_ to_face__sues_team_players_mlb_ba.html

It is a baseless lawsuit he is trying to get around the assumption of the risk issue by trying to pin it on maple bats being abnormally dangerous when compared to bats made of other substances. In the NHL a young girl was killed by a puck which led to the nets.