Parents sue LL for 1,000,000 after son hit in face while pitching.

[cuzmail]

I live in the League City, Tx. area and there are many mobile services who will roll and/or shave a bat.

Not saying that the bat in question was altered, but it would be very easy to have it done.

 

[Amy in AZ.]

You could have a worn out bat with a crack in it, that is going to exceed the limits that it is supposed to have. Most people wouldn't know why the bat is hot, but the boys would love it. But, in that case the owner wouldn't have grabbed the bat off of the field. I think what I read said that the bat was making a weird noise. I hope that we hear the outcome of this case, one way or another.

 

[MTR]

While this is obviously a tragedy, there are a few other things people need to remember.

Point #1. Waivers are useless and protect no one.
Point #2. It sounds like a record. All the key phrases were used that you hear in softball games
Point #3. The umpire is only capable of checking the certification and outward condition of the bat.
Point #4. An opponent showing up making claims should be considered sour grapes or setting the table for an excuse. All bats should be check anyway, not in a witch hunt manner because an opponent thinks there is something wron.
Point #5. To check for an altered bat, it needs to be destroyed. Don't know about NSA, but in ASA the bat would be replaced if found to be not altered. If it is altered, the person may be subject to a two year suspension.
Point #6. The only on-site check available is of barrel compression and failing that test is NOT evidence the bat was altered, simply not meeting the standards for any number of possible reasons.
Point #7. shirt happens. Even if the bat was out of spec, that doesn't mean this could not have happened with a wood bat. Of course, people would argue that point, but only with supposition.
Point #8. Like it or not, and assuming the parent is aware of the game prior to allowing their child take part, the game is played with hard, dense balls being, intentionally, at a high rate of speed by striking it with a bat. There is no guarantee any player is going to stop it.

 

[cuzmail]

While this is obviously a tragedy, there are a few other things people need to remember.

Point #1. Waivers are useless and protect no one.
Point #2. It sounds like a record. All the key phrases were used that you hear in softball games
Point #3. The umpire is only capable of checking the certification and outward condition of the bat.
Point #4. An opponent showing up making claims should be considered sour grapes or setting the table for an excuse. All bats should be check anyway, not in a witch hunt manner because an opponent thinks there is something wron.
Point #5. To check for an altered bat, it needs to be destroyed. Don't know about NSA, but in ASA the bat would be replaced if found to be not altered. If it is altered, the person may be subject to a two year suspension.
Point #6. The only on-site check available is of barrel compression and failing that test is NOT evidence the bat was altered, simply not meeting the standards for any number of possible reasons.
Point #7. shirt happens. Even if the bat was out of spec, that doesn't mean this could not have happened with a wood bat. Of course, people would argue that point, but only with supposition.
Point #8. Like it or not, and assuming the parent is aware of the game prior to allowing their child take part, the game is played with hard, dense balls being, intentionally, at a high rate of speed by striking it with a bat. There is no guarantee any player is going to stop it.

Well put.

The only thing I might add is that a waiver does allow the judge and jury to assign some assumption of risk. They can then use that to assign a percentage of damages awarded. At least that's how it was when I was in school.

 

[MTR]

Well put.

The only thing I might add is that a waiver does allow the judge and jury to assign some assumption of risk. They can then use that to assign a percentage of damages awarded. At least that's how it was when I was in school.

I wasn't thinking about the risk, but the assumed protection people think they have by obtaining them No one has the authority to waive the rights of a third party and that is often overlooked by organization.