Girls using illegal bats. Lawsuits?

[chinamigarden]

Modifying the design of the bat, while passing if off as an original, is a violation of the manufacturer’s patent and copyright. All bats approved for play in the ASA, USSSA, NSF, ISF, NCAA, Little League or any other governing body bear a certification mark which means that a particular bat model has tested in a rigorous laboratory experiment in which its performance has been measured and found to fall below some set standard.

These certification marks are federally registered trademarks, and altering a bat so that it exceeds the certified level of performance is considered a federal crime.

Prep Blog: National federation toughens baseball bat alteration language

For it to be criminal one would have to profit from using someone elses trademark, it would be a fraud case. An injury caused by such a bat would be subject to civil action, in other words you will have to sue someone to get any redress, but no police agency is going to come to a ball park and arrest someone for using a bat that is not within the rules of the game.

 

[Cannonball]

Chinamigarden, that is pretty much what we were told.

 

[JAD]

The funny part of this thread is the fact that every parent of a girl who has been 'rocked' by a batted ball is sure that the batter was using an illegal bat because their DD would NEVER get 'rocked' by a regulation bat....the bottom line is players are getting bigger/stronger/faster and I would bet that less than 1% of the bats used in fastpitch tournaments are illegal, therefore, I would HIGHLY encourage your DD to wear a mask if she plays infield and I would NEVER consider letting my DD step into the circle to pitch without one.

 

[GOINGDEEP]

For it to be criminal one would have to profit from using someone elses trademark, it would be a fraud case. An injury caused by such a bat would be subject to civil action, in other words you will have to sue someone to get any redress, but no police agency is going to come to a ball park and arrest someone for using a bat that is not within the rules of the game.

Again not here to argue as I enjoy your posts.

But you can't tell me that if I buy and let DD play with an altered bat and her smash kills the pitcher and that after tests and investigations the bat proves to be illegal and shaved, that I wouldn't be at least arrested and probably charged with manslaughter or contributing to the death? (Criminal charges)

Laws against fraud vary from state to state, and can be criminal or civil in nature. Criminal fraud requires criminal intent on the part of the perpetrator, and is punishable by fines or imprisonment. Civil fraud, on the other hand, applies more broadly to circumstances where bad-faith is usually involved, and where the penalties are meant to punish the perpetrator and put the victim back in the same position before the fraud took place.

While the exact wording of fraud charges varies among state and federal laws. the essential elements needed to prove a fraud claim in general include: (1) a misrepresentation of a material fact; (2) by a person or entity who knows or believes it to be false; (3) to a person or entity who justifiably relies on the misrepresentation; and (4) actual injury or loss resulting from his or her reliance.

You can be charged criminally, and sued civilly.

 

[homer316tx]

For it to be criminal one would have to profit from using someone elses trademark, it would be a fraud case. An injury caused by such a bat would be subject to civil action, in other words you will have to sue someone to get any redress, but no police agency is going to come to a ball park and arrest someone for using a bat that is not within the rules of the game.

I would think assault charges would certainly be a possibility if it was an altered bat and the person who swung the bat knew it was altered. You see aggravated assault charges against drivers in some auto accidents depending on the circumstances (cell phone use, road rage, etc) and the extent of the injuries. Why would his situation be any different? At the end of the day a grand jury reviews the case, if presented, and decides on an indictment. Then it would be up to a jury to determine if the criminal charges are proven beyond reasonable doubt.

 

[Cannonball]

JAD, I don't think that I give that impression. If you followed any of the posts I've made in the past, my dd was first hit by a line drive when she was 12 playing 14U. We didn't think anything of it except, as I posted, I was mad at myself for letting her play up. She was hit several other times here or there. Then, as a freshman, she was hit twice in the face. We didn't think the girl from the first incident used an illegal bat. The reason we did in the second was that the girl had a reputation from travel ball of using illegal bats because her mom and dad had big mouths and bragged about it within their team not thinking that word would get out. I posted the video of that on this site a few years ago. Listen, I've posted on this site many times that my child is not an athlete and so, no need to try to promote her as one. She is a hard charger and I have never met anyone who works harder. Each and every time she has been hit, she got mad at herself for not being good enough. I'm positive that the one batter used a shaved bat. That is why I put it here for you and that girl's parents to read. They know who I am as does most of the people on this site.

 

[MTR]

MTR, if a person causes harm to another, shouldn't that person pay for the damage caused? Or, should society ignore that?

If a guy goes out and modifies his car so it can run 500 MPH and then runs it into a school bus, should he pay for the damage he caused? Or do we just say, "The kids on the school bus should have been home schooled."???

I challenge you to show where I made such a statement. Read everything, not just what helps make whatever argument you believe you have.

The people in this country have a standard process when something happens that we don't care for. People first grieve, then memorialize, then make themselves feel better by throwing money at the situation and then find someone to blame. At this point, people, many who profess to be good christians, become vindictive. Of course, in this ambulance-chasing, get-rich-quick country, there is no such thing as an accident, someone else is always to blame and even when there is no villain to be found, the lawyers sue everyone involved and see who folds first, just out of fear of a courtroom appearance.

Yeah, it is the manufacturer's fault that a bat hit a ball that hit the pitcher because there wasn't a warning on the bat that the pitcher wouldn't be able to see anyway!!! Yeah, great bunch of folks we have in this country.

 

[MTR]

The funny part of this thread is the fact that every parent of a girl who has been 'rocked' by a batted ball is sure that the batter was using an illegal bat because their DD would NEVER get 'rocked' by a regulation bat....

This is true even in the SP world. They think that because 98mph (ASA/NCAA/NFHS) is the maximum permissible speed, that every ball they think comes off the bat at a high-speed is at 98mph when many never see 98 mph. And, of course, every hit that seems harder must mean the bat is altered.

the bottom line is players are getting bigger/stronger/faster and I would bet that less than 1% of the bats used in fastpitch tournaments are illegal, therefore, I would HIGHLY encourage your DD to wear a mask if she plays infield and I would NEVER consider letting my DD step into the circle to pitch without one.

You know what this is called? Being the parent and that is where much of all equipment issues breakdown. A parent should not sit back and wait for ASA, USSSA, ISA, NSA, PGF, TCS, etc. to protect their children for them. I applaud any parent who acts to control their children's safety and not let the child dictate the situation.

 

[MTR]

MTR,

You sparked my curiosity. Why was this portion of my post useless?

"Edited to add: We had video of the game and so of the bat which included the whole incident. The video was running when dad picked up the bat and headed for the sidelines. If some might recall, I posted an edited version of that incident on this website. It was placed on a local newspaper website. I did not make that video." In talking to a lawyer, this was very important. Your take?


BTW, this was a high school game and I know that information is useless.

Because it means nothing and proves nothing. Players routinely grab bats and return them to a bat bag after each use. Because they are altered or they just don't want anyone else to use it? Or you have the same bat being used by every team member. Many people believe that is a true indicator of an altered bat, but unless you have other evidence, it means nothing.

Your video may seem to show something suspicious, and I agree with that assessment, but when it comes down to it, it just means you have a video of a man acting suspicious.

 

[Cannonball]

I understand that players routinely grab bats and return them to the bat rack. However, ever see a dad run on to the field, grab a bat and take off running to a car, all on video, and then leave? The game was not over. Why would a dad grab a bat during a high school game and leave with it? I guess the reason is obvious to me and not to you.