Fan in Boston gets g/u bat taken away

[godwulf]

... but I have as yet to see or hear ANY Stadium make an announcement - other than in reference to BALLS - about keeping any items leaving the playing field.

It's not a Major League venue, but - especially as I just got ahold of the 2009 Arizona Fall League schedule, and that's where my head is at the moment - I just thought I would mention that at Phoenix Muni, where the Desert Dogs play, and the Oakland A's do Spring Training, they do specifically mention, in the PA announcements, that "fans are welcome to keep any balls or bats that go into the stands". The other ballparks in the League may do it, too, I'm not certain.

[whatupyos]

It's not a Major League venue, but - especially as I just got ahold of the 2009 Arizona Fall League schedule, and that's where my head is at the moment - I just thought I would mention that at Phoenix Muni, where the Desert Dogs play, and the Oakland A's do Spring Training, they do specifically mention, in the PA announcements, that "fans are welcome to keep any balls or bats that go into the stands". The other ballparks in the League may do it, too, I'm not certain.

Glad you brought that up because they do that at the Oakland A's games as well.

Aaron

[hblakewolf]

Glad you brought that up because they do that at the Oakland A's games as well.

Aaron

Aaron-

And before this thread takes a "legal" twist, see this:


Tie #1: In Sweeney v. Bettendorf, an eight year old girl in the stands at a professional minor league baseball game in Iowa was injured when a player lost control of his bat which traveled 120 feet and struck her in the head.

Tara Sweeney was on a field trip organized by her city parks department. Her injury case against the city was initially tossed out by the trial judge but an appeals court has now ruled (5-2) that the case may proceed to trial because the city had a duty to protect the child's safety at the ballpark and that a jury could find that parks employees put her in an unreasonably hazardous location to watch the game.

• Lamenting this type of all too frequent lawsuit, Walter Olson at Overlawyered declares: "This time in Iowa."
• And writing for the Des Moines Register, Jared Strong quotes a dissenting judge: "There is no joy on this day around Iowa's ballparks."
• My prediction: defense verdict at trial.

Howard Wolf
hblakewolf@comcast.net

[suicide_squeeze]

Squeeze:

You are now pushing it back to whether or not its a good PR move for the Sox to be so publicly aggressive in the defense of their property. Setting that aside, I will assume you are truthful in you statement that you were 100% familiar with the Bonds case, and ignore that it would seem odd for that to be true and then for you still repeatedly indicate that you wanted somebody to prove to you legally what you can't steal a bat. Anyhow, what happened in court has 100% ramifications for a bat incident. As I would be pretty sure there is no law anywhere that says "if you take a bat, it is theft", just because its pretty narrow and unique circumstances. So when you are on trial after being arrested for theft after taking a bat, the prosecution will demonstrate you stole the bat using the laws discussed above and if you have a good defense counsel, they will also likely try to make similar claims to it was abandoned property, you possess it, therefore you own it and no theft. That is how the legal system works, judicial branch interprets and rules on legislative system.

Anyhow, with that said and if you don't see it, I am done. As the great Flavor Flav said, I can't do nothin for you man.

Matt

OK matt....

I'm man enough to admit that, essentially, if a bat comes into the stands and you catch it, that there may be a "right" for either the player, or a proper representative from the team to come back and ask for it.

But you need to understand it is obvious that there are different policies regarding this event (a bat flying into the crowd) in different parks.

In NONE of the cases would I ever expect a player, or a team or it's rep, to cry "theft" in the event a fan has a hold on it and won't let it go. We have had many posts here that have painted the picture of what exactly the case is. They're all different, with different ownership rights, and different circumstances. But they also have similarities. And it's my contention that one common theme during this event is that the fan is usually caught off guard.

My argument from the beginning has been....if it comes into the crowd, it's YOURS! Even though, legally, you appear to be correct that the bat is owned by either the player or the team (and thanks Brian H. for sounded in!!!), I would still argue that it would be a cold day in hell before any team or player would ever take it much past the first few moments of a fan laying his/her claim.....er.....desire.......to keep a fat that accidentally flew into his direction. The bad PR the team (or player) would endure wouldn't be worth it. To take it to the level of "theft" is laughable.

The situation we have been speaking of historically appears to be best handled by the team and/or player obliging to give up the bat to the fan. Never once have I heard any talk of "theft". That just seems silly....it's a baseball game with the paying public who supports the teams/players. A bat.....they got to give it up as a souvenir in those few and far between incidents where the player accidentally loses his grip and it ends up in the seats.

Are we cool?

[suicide_squeeze]

Aaron-

And before this thread takes a "legal" twist, see this:


Tie #1: In Sweeney v. Bettendorf, an eight year old girl in the stands at a professional minor league baseball game in Iowa was injured when a player lost control of his bat which traveled 120 feet and struck her in the head.

Tara Sweeney was on a field trip organized by her city parks department. Her injury case against the city was initially tossed out by the trial judge but an appeals court has now ruled (5-2) that the case may proceed to trial because the city had a duty to protect the child's safety at the ballpark and that a jury could find that parks employees put her in an unreasonably hazardous location to watch the game.

• Lamenting this type of all too frequent lawsuit, Walter Olson at Overlawyered declares: "This time in Iowa."
• And writing for the Des Moines Register, Jared Strong quotes a dissenting judge: "There is no joy on this day around Iowa's ballparks."
• My prediction: defense verdict at trial.

Howard Wolf
hblakewolf@comcast.net

"Overlawyered" is a good term......I like it.

But Howard, just look at all of those "thieves" ready to pounce on their game used collectible that, obviously, all those greedy b@st@rds came to the park for!! After it lands......and it is removed from between the 4th and 5th rib of the lucky recipient, they had dare better not argue with security when they approach for the wooden spear that they want the darn thing, because BY GOD the team and player have ownership rights to IT!!! (Just playing with you, matt)

I think we've all learned something from this post.

A) Team representatives in Boston are as miserable as the 86 year curse.

B) The place to go if you are seeking a game used bat for a souvenir is either Anahiem Stadium, or any one of a dozen or so minor league affiliates that state so on their premises.

Everywhere else?......


"From my cold, dead hands, baby!"

[xpress34]

First off, Chris (xpress34), thanks for the wonderful post, loaded with great little facts of what has been discussed....bnacked up by personal experience. This again is why it's so cool to be involved with this site.

I totally agree with you in every aspect of what you said. Even the part about you disagreeing with "My right to keep" part...
Congrats Chris......

HMMM hmmm... I would like to thank the Academy, Suicide, MLB...