O/T: H&B liable for player's death

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  • treant985
    Senior Member
    • Jun 2008
    • 481

    #61
    Re: O/T: H&B liable for player's death

    I don't see how a warning label would make a difference, and thus I can't say that the jury made an informed legal decision. They didn't bother to see if all the legal requirements were met. They saw this permuted view of the world: a young man died; a corporation could be sued; corporations always have lots of money and insurance; thus, $800K is worth a lot more to the plaintiffs than H&B.

    As I take it, frik's logic is like this: baseball bats are designed to hit baseballs hard, so when they achieve this--but to a dangerous level--then the company should be responsible. I guess it'd be like saying that knives are designed to cut, but some knife is made so dangerously that it could cut a hand off in 2/5 of a second.

    Most people don't buy this argument because most people recognize the inherant danger in knives (and baseball bats). The question for me would be whether the product is a latently dangerous item--that is, it appears to be like all other bats but somehow is much more dangerous. I doubt H&B's bat is of such danger that it could rise to that level.

    If the plaintiffs are truly concerned with their cause, they will donate their money to charity.

    Comment

    • treant985
      Senior Member
      • Jun 2008
      • 481

      #62
      Re: O/T: H&B liable for player's death

      Originally posted by sox83cubs84
      Hey, not so fast...as long as it's open season to sue anyone for any reason, with my kidney problems, heart pacemaker, tourette syndrome meds, sunken sternum, and badly swollen right arm, I'll think I'll sue God because He didn't make me a superjock.

      Dave M.
      Chicago area
      I recall hearing of a case about 2 yrs ago where a woman sued God because lightning struck a tree and it landed on her house. Since the defendant never showed up, the woman won automatically, but I'd guess she hasn't collected any money yet...

      Comment

      • treant985
        Senior Member
        • Jun 2008
        • 481

        #63
        Re: O/T: H&B liable for player's death

        Just a random thought about product warnings: I think we'll eventually have warnings on pretty much every single thing you could buy. The irony is that, with warnings on everything, nobody will ever read ANY of them.

        Thus, we end up in the same situation we were 50 years ago: your ability to avoid dangerous items depends solely on your knowledge and ability to pick out what's dangerous and what's not.

        Comment

        • frikativ54
          Senior Member
          • Dec 2007
          • 3612

          #64
          Re: O/T: H&B liable for player's death

          Originally posted by sox83cubs84
          I'll think I'll sue God
          Best idea of the thread.
          Les Zukor
          bagwellgameused@gmail.com
          Collecting Jeff Bagwell Cleats, Jerseys, & Other Items

          http://www.bagwellgameused.com
          (617) 682-0408

          Comment

          • frikativ54
            Senior Member
            • Dec 2007
            • 3612

            #65
            Re: O/T: H&B liable for player's death

            Originally posted by treant985
            I recall hearing of a case about 2 yrs ago where a woman sued God because lightning struck a tree and it landed on her house. Since the defendant never showed up, the woman won automatically, but I'd guess she hasn't collected any money yet...
            She is sure going to be waiting for a while.
            Les Zukor
            bagwellgameused@gmail.com
            Collecting Jeff Bagwell Cleats, Jerseys, & Other Items

            http://www.bagwellgameused.com
            (617) 682-0408

            Comment

            • treant985
              Senior Member
              • Jun 2008
              • 481

              #66
              Re: O/T: H&B liable for player's death

              Originally posted by frikativ54
              Best idea of the thread.
              Also reminds me of a commercial a few years back that lampooned trial lawyers by showing people who had successfully sued themselves for dumb things they did, like slipping in the shower.

              Comment

              • cohibasmoker
                Banned
                • Aug 2005
                • 2379

                #67
                Re: O/T: H&B liable for player's death

                Originally posted by frikativ54
                Best idea of the thread.
                Hey Frik - ever sky dive? I've made three jumps and I guarantee if you don't believe in God or of a higher spiritual power, give it a whirl. I guarantee when your falling to earth, you'll be praying to God that your chute opens.

                I wonder, if parachutes are made specifically for sky-diving, since it was my choice to sky dive, if my chute doesn't open can my wife sue the pilots who took me up? The plane manufacture who made the plane? And the chute manufacturer who made the chute? Just wondering.

                Jim

                Comment

                • nomo121
                  Senior Member
                  • May 2009
                  • 107

                  #68
                  Re: O/T: H&B liable for player's death

                  Originally posted by cohibasmoker
                  Hey Frik - ever sky dive? I've made three jumps and I guarantee if you don't believe in God or of a higher spiritual power, give it a whirl. I guarantee when your falling to earth, you'll be praying to God that your chute opens.

                  I wonder, if parachutes are made specifically for sky-diving, since it was my choice to sky dive, if my chute doesn't open can my wife sue the pilots who took me up? The plane manufacture who made the plane? And the chute manufacturer who made the chute? Just wondering.

                  Jim
                  I don't know about God, but I keep hoping Newton will be wrong.. You would have to sue Isaac Newton by the way.

                  Comment

                  • jppopma
                    Senior Member
                    • Mar 2006
                    • 926

                    #69
                    Re: O/T: H&B liable for player's death

                    Brian, Sorry to hear about this case. I'm sure it is hard to learn of your product being even remotely involved in the death of someone. I'm sure H&B would have paid for medical and funeral expenses just out of sympathy. Yet, sometimes people want more...

                    This case is a perfect example of what's wrong with the world. It should come down to neglect. If the product worked as designed and there were no problems, there should be no case. Everyone knows that baseball is a dangerous sport and this same outcome can happen to any one of us. If you don't know that, maybe you should sit on your fat ass and use the extra time to find things to whine or sue about.

                    I agree that politics don't belong here...but this case does tie directly into the heatlh care issue! People always complain about health care cost and pass the blame on politicians, doctors, medical companies, etc. WHERE IS THE BLAME FOR THESE SCUMBAG LAWYERS??? They have all of the same frivilous lawsuits against the medical companies and in the end, we all pay for it. Think of how much of that $500 billion medical lawsuit and added insurance we are each paying for in the higher prices for our meds. That's where I see the problem being, but yeah---that never makes the news.

                    I won't go so far as the blame the parents or anything of that, but I do feel that a lawsuit is about the most disrespectful way to acknowledge their son. "Hey y'all, we lost our son, but we can now buy a new car" Shameful!

                    Comment

                    • Vintagedeputy
                      Senior Member
                      • Oct 2005
                      • 3172

                      #70
                      Re: O/T: H&B liable for player's death

                      Originally posted by frikativ54
                      Your reductio ad absurdum ignores my very legitimate point. Of course, I am not going to suggest that playing baseball be banned. However, there has to be some accountability for the death of this young man. The guy died using one of H & B's products. Wouldn't it make sense for the company to be liable for a death incurred using its bats?

                      I think the verdict is spot on. Aluminum bat manufacturers have known for years that their products can and have killed people. Yet, they keep producing them and ignoring the problem. Maybe this verdict will serve as a wakeup call to H & B - that the status quo in regard to aluminum bats is not okay, and that they will have to manufacture a safer product.



                      Are you serious? These parents lost a son, and you have the nerve to call them money-grubbing idiots, whose son deserved to die? The reality is that no amount of money can replace a son - ever. I truly feel sorry for the family, and even sorrier that they have to read crap suggesting that they had it in for them. Have a little sympathy for the family.

                      We have a winner! I have now officially seen the most ridiculous line of thinking ever.

                      You have got to be kidding me......

                      Comment

                      • cohibasmoker
                        Banned
                        • Aug 2005
                        • 2379

                        #71
                        Re: O/T: H&B liable for player's death

                        Originally posted by jppopma
                        Brian, Sorry to hear about this case. I'm sure it is hard to learn of your product being even remotely involved in the death of someone. I'm sure H&B would have paid for medical and funeral expenses just out of sympathy. Yet, sometimes people want more...

                        This case is a perfect example of what's wrong with the world. It should come down to neglect. If the product worked as designed and there were no problems, there should be no case. Everyone knows that baseball is a dangerous sport and this same outcome can happen to any one of us. If you don't know that, maybe you should sit on your fat ass and use the extra time to find things to whine or sue about.

                        I agree that politics don't belong here...but this case does tie directly into the heatlh care issue! People always complain about health care cost and pass the blame on politicians, doctors, medical companies, etc. WHERE IS THE BLAME FOR THESE SCUMBAG LAWYERS??? They have all of the same frivilous lawsuits against the medical companies and in the end, we all pay for it. Think of how much of that $500 billion medical lawsuit and added insurance we are each paying for in the higher prices for our meds. That's where I see the problem being, but yeah---that never makes the news.

                        I won't go so far as the blame the parents or anything of that, but I do feel that a lawsuit is about the most disrespectful way to acknowledge their son. "Hey y'all, we lost our son, but we can now buy a new car" Shameful!
                        BINGO - we have a winner. In the current 1995 page healthcare bill, there is NOT a single line or a single word that addresses the #1 issue of high cost of medical insurance - TORT REFORM.

                        NO MORE POLITICS !!!!!!!! however;

                        What about the jury? This Country has become a bunch of whiner's and victims all looking to sue someone rather than get off their fat butts. On Sunday, I was watching NFL games and there were a lot of commercials on how the NFL believes that through the power of sports, (exercising 60 minutes a day), the NFL can help in the fight of childhood obesity. As I was watching the commercials, I kept wondering how many kids are going to get hurt and some parent and lawyer will sue the NFL because their kid got hurt playing sports. Seem ridiculous? Not in this society.

                        It's a shame that members of this forum weren't members of the jury in the original case because if it had, with the exception of one (1) member, I believe the case would have had a different outcome.

                        Just my opinion, I hope I didn't offend any one with my comments.

                        Jim

                        Comment

                        • 5kRunner
                          Senior Member
                          • Aug 2007
                          • 560

                          #72
                          Re: O/T: H&B liable for player's death

                          I really can't believe I read this whole thread.

                          I agree with most of the comments. H&B will hopefully appeal.

                          Warning labels? LOL. Like the warning label on my iron: NEVER IRON CLOTHES WHILE THEY ARE BEING WORN. What kind of idiot does that?

                          I fear for my country's future.
                          SCOTT
                          scottjrepking at gmail.com


                          Always looking for game used bats from Andre Dawson, Ryne Sandberg, Mark Grace, Jody Davis, Shawon Dunston, Jerome Walton, Rick Sutcliffe, and Greg Maddux. Preferably CUBS era bats.
                          sigpic

                          Comment

                          • sox83cubs84
                            Banned
                            • Apr 2009
                            • 8902

                            #73
                            Re: O/T: H&B liable for player's death

                            Cohiba and 5K...my sentiments exactly.

                            Dave M.
                            Chicago area

                            Comment

                            • suicide_squeeze
                              Senior Member
                              • Dec 2008
                              • 1442

                              #74
                              Re: O/T: H&B liable for player's death

                              Man......am I disgusted.


                              Did any of you happen to catch "OTL" (Outside The Lines) on ESPN yesterday? It had, as it's first and most prominent story, this Louisville Slugger "Patch family" case debacle.

                              Two things about what I saw are deeply disturbing to me.

                              When the verdict was read, the mother turned to her asshole attorney and went all wide-eyed, smiling with a pleasantly surprised look on her smile as they hugged eachother....in the same manner Kardashian turned to O.J. when the unbelievable verdicts were read in that case.....both leading anyone who was watching to see that the thought in the minds of these people were the same....."WOW, we just got away with MURDER!!!"

                              I mean, it was very telling.

                              The second thing was that Bob Lee, the host of the show, then later interviewed one of the family attorneys and said "A statement has been released by the Louisville Slugger company basically saying they are not planning on appealing....How do you feel about that?"

                              This a-hole said "I didn't know that....That's surprising. I fully expected this case to be appealed".

                              What does that tell all of you???


                              Brian, I completely understand your families reasoning as to letting this tragic event just end by not appealing this wrong and punishing verdict for no reason or fault on your company's behalf......but you and your company have just been publicy raped my friend. The expression on that mothers face was extremely telling. It suddenly became all about the money.

                              As others have mentioned here, if this family, as they are trying to claim, is only trying to eliminate the use of aluminum bats from a certain level of competition on due to the wrong claim there is no reaction time to properly protect yourself, then they should donate the money to a cause that will see the means to that end.

                              What do you think the odds of THAT happening are? From the looks on the face of the mother in the courtroom, let me end the mystery.......ZERO!

                              There was a clip in the ESPN story showing the most dramatic rediculous funeral for the unfortunate son who died. There were estimated 1,400 people there....obviously a well advertised event for the community. They had the funeral ON THE BASEBALL FIELD. His teammates carried his coffin up onto the mound as a public address announcer called out on the loud speakers "NOW PITCHING FOR THE (team name)........(first name) PATCH!"

                              I am not going to state my opinion of this kind of a funeral......to each his own. But I can't help but feel that the drama involved in this type of a public funeral was partially an attempt to ilicit public emotion in the community for the tragic accident that took the Patch's son. Louisville Slugger was a loser before this case was ever heard.

                              The attorneys for the family then presented a bunch of scientific garbage about reactionary times and such between a wood bat and aluminum bat. In other words, confuse the real issues with mumbo-jumbo horseshit no one really understands, and in doing so make your case stronger because no one is truly expert enought o understand it.

                              But in laymen's terms, it could have been presented in a much more honest and precise scientific manner.

                              Unfortunately for the family, the son had mores genes from his overweight genetically-unimposing weaker and slower mother who in no way, shape or form, possessed any qualities of an athlete.

                              Appeal it!!!

                              Comment

                              • camarokids
                                Senior Member
                                • Jun 2006
                                • 3869

                                #75
                                Re: O/T: H&B liable for player's death

                                appeal!!!!!

                                Do Not Go Down Without A Fight!!!
                                Thank you,
                                David

                                This is my email address here!
                                dzscope at gmail dot com

                                Email is best for personal messages...

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