Jury awards $850,000 in aluminum bat lawsuit, maker failed to warn about its dangers - SRT Forums

Daft Punk · 10-30-2009, 09:54 AM

Quote:

ELENA, Mont. — A jury on Wednesday found that the maker of Louisville Slugger baseball bats failed to adequately warn about the dangers the product can pose, awarding a family $850,000 for the 2003 death of their son in a baseball game.
The family of Brandon Patch argued that aluminum baseball bats are dangerous because they cause the baseball to travel at a greater speed. They contended that their 18-year-old son did not have enough time to react to the ball being struck before it hit him in the head while he was pitching in an American Legion baseball game in Helena in 2003.
The Lewis and Clark County District Court jury awarded a total of $850,000 in damages against Louisville, Ky.,-based Hillerich & Bradsby for failure to place warnings on the product.
The teen's mother, Debbie Patch, was stunned by the verdict. The family rejoiced and cried as the verdict was read.
"We never expected it," she said. "We just hoped we could get the truth out for more people to see."
Patch said she hopes the decision will make more people aware of the dangers associated with aluminum bats and that more youth leagues will switch to using wooden bats.

The Associated Press: Mont. jury awards $850,000 in aluminum bat lawsuit

Trev_Masta · 10-30-2009, 10:13 AM

I don't know really what to say about this. I think it's kind of bullshit because, duh, that bat is going to make the ball travel faster and thus the company shouldn't really be held responsible imo, but it does really suck for the family.

-trev

mpotisrt4 · 10-30-2009, 10:18 AM

so are they trying to say that if it was a wood bat and the bater hit a line drive right at the same spot on the kids head that he would not have died?? i dont think that it would have made a difference.

Daft Punk · 10-30-2009, 10:40 AM

Quote: Originally Posted by mpotisrt4

so are they trying to say that if it was a wood bat and the bater hit a line drive right at the same spot on the kids head that he would not have died?? i dont think that it would have made a difference.

sweet spots on wood to aluminum bats are way different, aluminum bats are mor forgiving unlike wood. He would of hat better chances if the hitter did use a wood bats, odds would of been iin his favor. Odds are never in your favor when your pitching against a hitter with a aluminum bat.

stowaway · 10-30-2009, 10:52 AM

asinine lawsuit, horrible ruling.

BobRoss46n2 · 10-30-2009, 10:54 AM

Shouldn't the kid who hit the ball be held responsible?
Bats don't kill people, people kill people....Wait.
Balls kill people...no....Kids hitting balls with bats
kill people.....Wait. GO PHILLIES!

Personally this is ALMOST as stupid as the family
who sued because their son was CRUSHED by a
vending machine. How, do you ask? He was climbing
on it(Actually trying to shake soda out if it) and there
wasn't a sign saying, "If you climb this vending machine
it may fall over and KILL you."

I'm sorry the family lost their son but this is ridiculous.

Phins711 · 10-30-2009, 11:10 AM

Why isn't the league held responsible? They are the ones using the aluminum bats. Louisville Slugger just produces the bats.

Also, why does everything need a warning? Is DCR going to start putting a "choking hazard" warning on their parts just in case some idiot tries to eat one? The judge in this case should be fired.

manic_mopar · 10-30-2009, 11:30 AM

The problem is not many of the parents or kids realize that its a dangerous sport. I doubt any of them think "there is a potential today my kid could come home a vegetable or dead". It's not the bats fault the balls fault the hitters fault the league's fault, its just the nature and the risk involved with playing the game. WHY DONT THEY SUE THE HELMET MAKER? obviously it was the only thing that didn't work right. Or let me guess... the baseball hat was thought to be enough protection for the kid's head?

It's like the bs lawsuit of the woman who set her RV on cruise control and went back to make a sammich, it crashed, and she sued because the manual didn't say the car would/would not drive itself.

EugeneSRT · 10-30-2009, 11:35 AM

This is so stupid. Technically since this lawsuit was granted to the plaintiff any family with a child that uses/owns this exact same bat has the ability to sue regardless if injury has occurred yet simply for producing/distributing the bat...

Daft Punk · 10-30-2009, 11:49 AM

Quote: Originally Posted by EugeneSRT

This is so stupid. Technically since this lawsuit was granted to the plaintiff any family with a child that uses/owns this exact same bat has the ability to sue regardless if injury has occurred yet simply for producing/distributing the bat...

Well this Lawsuit was instated at or near the time of death back in 2003, when regulations here and around the world were changing for bats. So no i dont think any family now can sue being as regulations have been in effect for 6 years.

for instance back in 2002 High School regulations for bats were changed from -5oz to -3oz, making the bat heavier. So even if someone now said my kid was killed by a -5oz bat, they have no case.

**Philth** · 10-30-2009, 12:17 PM

Tort Reform is all I can say. Sorry the kid died but this is similar to suing a gun maker for their gun killing somebody.

EugeneSRT · 10-30-2009, 12:45 PM

Quote: Originally Posted by Daft Punk

Well this Lawsuit was instated at or near the time of death back in 2003, when regulations here and around the world were changing for bats. So no i dont think any family now can sue being as regulations have been in effect for 6 years.

for instance back in 2002 High School regulations for bats were changed from -5oz to -3oz, making the bat heavier. So even if someone now said my kid was killed by a -5oz bat, they have no case.

I was referring to to in 2003 families coming forward.

Daft Punk · 10-30-2009, 12:47 PM

Quote: Originally Posted by EugeneSRT

I was referring to to in 2003 families coming forward.

slim to none.

I remember seeing the video of this kid getting hit. the sound was awful.

ILLJIM69 · 10-30-2009, 12:55 PM

Why is anyone being held responsible? It is an accident, shit happens. Sucks for the family and all, but come the fuck on..........people are actually debating about the sweet spot on wood versus metal? Who fucking cares?!?!?!

Every lawsuit in America should have to be presented to me before it can actually go to court. I would have told these people to go fist themselves.

jim

EugeneSRT · 10-30-2009, 01:22 PM

Quote: Originally Posted by Daft Punk

slim to none.

I remember seeing the video of this kid getting hit. the sound was awful.

I have no idea what your "slim to none." is referring to. I was simply saying that in 2003, every single family that had a child at the time could have brought forward something regarding their child using the product.

Don't quote me and respond, none of my posts have deemed a response and I don't feel like having to clarify myself anymore

Every single baseball bat in existence goes through exit-speed testing. This one did as well, and conformed to the rules regarding the speed a ball is allowed to leave the bat at. If anyone should have been sued it is who decided on the proper exit speed for a ball off of an aluminum bat.