Jury Awards $850,000 In Louisville Slugger Case

[Bertha Venation]

I only have one thing to say about this:

What a crock of shit.

~~~~

LOUISVILLE, Ky. -- A Montana jury took a swing at the makers of the Louisville Slugger baseball bat.

The panel ruled in favor of a family who sued the company for not warning users about the dangers of using aluminum bats.

(snip)

“We think that most players understand the risk that they're taking when they step onto the field,” said Hillerich and Bradsby spokesman Rick Redman.

In 2003, 18-year-old Brandon Patch died after being hit in the head by a ball he threw to a batter. That batter was using an aluminum Louisville Slugger.

Patch family attorneys argued the manufacturer did not provide proper warning about the dangers of using aluminum bats.

(snip)

“We came into this not knowing. We were just hoping to prevail for Brandon. This is for Brandon and for the other kids on the field,” said his mother Deb Patch.

“I think we're all kind of wondering if this is even an indictment of the entire game of baseball,” said Redman.

(snip)

An indictment of baseball?! GMAFB. :eyes:

[Gidney N Cloyd]

1. Bats should be made out of Ash. Anything else is a crime against humanity.

That said, if you don't know an aluminum bat is going to smack the ball harder you shouldn't be playing. Ditto if you don't know a maple bat is more likely to shatter and hit a pitcher or infielder.

[la_chupa]

2. sigh - I'm sorry the kid died though

Maybe we should just wrap everyone under 18 up in bubble wrap before they leave the house.

[Wapsie B]

3. Oh boy, here comes the little old ladies spilling coffee on themselves analogy.

Politicians will use this as just another example for the need for tort reform.

[jobycom]

4. I'm surprised, but not horrified, given the specifics. BTW, the comment about baseball

was made by a representative of the bat maker who was criticizing the verdict. He said that since the bats were made to baseball specs, the jury was really indicting all of baseball.

But that's not the whole story. The story is that the bats were marketed to youth leagues as standard equipment when the corporate owners of Louisville Slugger knew that aluminum bats caused the ball to travel at a much higher velocity. College baseball has discussed banning them for that reason many times, and there have been hundreds of editorials calling for such a ban. When people talk about using them in MLB, pitchers will frequently counter that they wouldn't play if aluminum bats were allowed because of the danger. Not that there is any serious effort to introduce them into MLB, for competitive reasons.

The suit argued that youth leagues across the country allow aluminum bats because they assume they are no different than wooden bats, and that if Louisville Slugger--who has a ton of evidence proving that they can be more dangerous because they do cause the ball to travel at a much higher speed--had put warning labels on the bats or made some effort to educate youth leagues about what they know, many would not use aluminum bats. Thus, LS profits from marketing a dangerous product without warning of the dangers. Apparently the jury agreed with them.

My own thoughts are that youth leagues should not use aluminum bats, and that Louisville Slugger has profitted from marketing such a product without warning that it was more dangerous than the standard wooden bat--the one the pros use. But it's not all LS's fault. Standard rule books don't warn of the dangers, and the bats are still considered regulation equipment. A lot of people have promoted or allowed these bats. But LS is the one who has profitted, and as a manufacturer they have ignored clear evidence and testimony that these bats can be more dangerous by refusing to educate users or change marketing strategies.

So I can see why the jury ruled as they did. It's a clear signal to the bat makers, as well as to youth leagues across the country, that there is a danger in using these bats, and that they could be found liable from now on for using them. It's also a signal to macho coaches who don't care if they are dangerous.

But I still don't like it, really. The dangers of baseball are obvious to anyone playing, and a lot of people have continued to allow aluminum bats, and LS is just meeting a demand that probably wouldn't go away with warning labels. I don't think it's a horrible decision, but I think it is scapegoating the person with the most money just because they have the money. I'd have loved to see a decision that awarded for the plaintiff, but gave little in damages and gave a punitive ruling requiring LS to fund some form of education program on when and how aluminum bats should be used. But I don't know if that was an option, and money is the only way to get a corporation's attention.

Yeah, no one will read all this, but I just wanted to give my opinion, anyway.

[Dr. Strange]

5. I stopped reading once I realized it was too thought out.

Your excessive use of reason is unseemly and inappropriate. However, since this isn't GD, it will be forgiven.

I didn't know all of that about the aluminum bats. I don't care for the decision either, but I think you're right: maybe those kinds of bats shouldn't be used.

[ipfilter]

6. There's an arms race in bats going on in youth baseball

and rec softball. For the most part, it's the hitters skill to get the bat on the ball, but all things being equal a $300 composite bat is going to perform better than a $20 bat from Wal-mart. It would be nice if all levels of baseball required wood bats, but that's not going to happen in the foreseeable future.

I really don't see the liability falling on LS in this case. The same result could have happened from any brand of bat...even a wooden bat.

[Bertha Venation]

7. I read it, Jobycom.

Your post is well-reasoned but I still believe that this -- "The dangers of baseball are obvious to anyone" -- is the bottom line.

And I had mis-read the comment about "an indictment of baseball."

[brendan120678]

8. While I am sympathetic toward the family...

I do not see how Louisville Slugger is at fault.

Even if there had been a huge warning inscribed on the bat that aluminum bats may be dangerous, would that have changed this kids mind about playing baseball?