In the Spirit of Baseball

Since the World Series is currently in action (GO PHILLIES!!), I have decided to post about a story my brother sent me - "Jury finds against Louisville Slugger." Louisville Slugger...the BAT manufacturer.

Brandon Patch was pitching when a ball he threw was hit by a batter (like usual), using a Louisville Slugger aluminum bat. The ball hit Patch in the head and he died. His parents sued and WON, with a jury saying that Louisville Slugger failed to warn of the dangers of using the bat.

The lawyer in me thinks this is ridiculous. When you step on a playing field, you consent to and accept any risk inherent in the game that is reasonably likely to occur. It would seem to me that in the game of baseball, a game we've been playing for over 100 years, our national pastime, it would be obvious that sometimes there is a chance that a ball may hit you, either as the batter or as a fielder. Also apparent is the fact that the bats used to hit the ball may sometimes shatter, sending fragments into the field, or leave the batter's hands, catapulting across the infield.

In this case, the latter didn't even happen. The bat was used for what it was intended. I seriously doubt Louisville Slugger intended for the bat to hit the ball in order to inflict an injury. For Louisville Slugger to have to provide a warning that the bat may hit a ball (its INTENDED purpose) is just silly. Furthermore, being hit by a baseball is a reasonable inherent danger to the game. It's not strange. It's not like the batter picked up the ball and threw it back to the pitcher - an unreasonable expectation.

I'm sorry that Patch died. It's a terrible accident. But it isn't the bat's fault, and it isn't the bat maker's fault. It's nobody's fault. The warning is inherent in the game. Just my thoughts.