When will the stupidity end????

I read a small article in yesterdays copy of USA today about this lawsuit so I looked it up when I got home. (reading the article in the link this isn"t the only case like this either ) Who comes up with crap like this? In the USA Today article the lawyer for the plaintiff was claiming that the aluminium bat was "defective" because it could "hit a ball with so much power that it couldn"t be seen in flight". While I feel sorry for the kid that died and his family but what kind of country do we live in where a mfg can be sued for something like this.

Given the thinking I guess I ought to become a professional whistler and then eat alot of crackers right before a major contest with a HUGE payout to the winner. When I lost I could sue the cracker mfg for not providing a warning that the eating crackers might possibly dry my mouth out enough that it would prevent me from whisteling, thereby winning the $500000 prize, unless I drank x amount of liquid first.........Ridicilous I know but given the current thinking (or lack there of) in this country who can guarantee it won"t ever got that far.

Heck those of you farming out there don"t forget to put a warning on everything you grow. You know for a fact that it might possibly cause choking if not properly prepared, chewed, or whatever.......

Sadly where do we place the real blame here for such a frivilous lawsuit? Do we place it with a distraught family who is simply looking for someone to justify, or maybe just blame, for their son"s death, is it on the lawyer who put the idea in their head that they had a chance to win something like this, or in the end is it on the jury that found no fault with the product yet still said the mfg owed the family nearly a million dollars because their bat hit a ball that hit their son? Heck, why not sue the mfg of the ball for making it too hard? Why can"t all balls be made out of Nerf material...?
Get a load of this

What stupidity?; this was a considered decision...
When something doesn't seem to make any sense, sort scenarios until you do find some that make sense, like maybe:
Local jury gives sympathy award to bereaved, suffering family, not against another local, but against Faceless Out-Of-Town Corporation??...
And a Southern Corporation at that??...
At a time when Corporations, laying off thousands, sending jobs to China, etc, are getting a bad press??
Without knowing anything of the history and any controversy, if any, re' alum bats, I'd guess the award will almost certainly be gutted, if not completely thrown out, by higher courts in appeal.

A better case could be made against the owners of the ball park who failed to provide adequate protection to spectators from high speed flying balls. Why do football fields have nets that are pulled up when field goal or extra point attempts happen????? And don't even try to tell me it is to save on cost of lost footballs when there are millions being made by all involved in pro f-ball!

The stupidity 'might' end when these type of activities end. Many of the things we did and had a lot of fun with just a generation ago are now a memory only due to liability. When judges and juries smarten up and fine the plaintiffs and their lawyers for this frivelous crap, things might start turning around. I'm responsible for everything that has gone right OR wrong in my life. Anybody else?

I have to agree wholeheartedly with the above comments. The stupidity will only end when all Americans start taking responsibility for their actions and stop trying to find any way possible to be victims of something.

Doesn't cost much to sue but cost a lot to defend against. Besides it'll never get to trial. You'll pay the legal defense even if found innocent so it's cheaper to settle vs risk losing and paying for the defense. Not so stupid if your an attorney.

If we keep suing companies to death,then they will all go to china,before long the chinese will be suing us for money if they haven't taken this country over by then.Scott

Aluminum bats are dangerous once a kid reaches high school or college.

They have a lot more spring than a wooden bat and increase the ball speed tremendously to a really dangerous level.

That"s why the pros don"t use them.

This is not the fault of the bat manufacturer though and they should not be held liable.

My son played baseball and used aluminum bats. No one his age used wood.We used wooden bats when I was a kid.

There are deaths every year from kids getting hit in the head or chest with a ball hit with an aluminum bat.

We made sure our boy wore a chest guard over his heart.

Anyway,i am sorry for the family of the child that was killed.

I would be devistated if it was my son but I would not sue the bat company.

Some leagues are outlawing aluminum bats with some good reason.

If you have not been involved in youth baseball you have no idea how mush money some people spend on bats just to get that few extra feet.

I am in favor with going back to wooden bats just to even things up.

Ford Man

They have the nets up so the fans don't get in fights for the football when it goes into the crowd.

The answer to your question is in the first three words of the article: "A Montana jury..." One can hardly blame the family for seeking damages, or the lawyer who is pursuing his livelihood. Ultimately in our system it is up to the jury to make a decision based on the facts as presented.

I'm not going to second-guess the jury; they were in the courtroom and heard the evidence, I didn't. But I'll point out that judgements like these are almost always appealed and it seems unlikely that an appeals court will uphold damages if, in fact, the defendant's product was found to not be defective.

If they"re not allowed in major league why are they in the lesser classes?

What are baseball teams planning to use after the Emerald Ash Borer eats all the white ash trees?

(quoted from post at 08:04:32 11/01/09) What are baseball teams planning to use after the Emerald Ash Borer eats all the white ash trees?

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Maple

They don"t use wooden bats because if one breaks and a piece flies out and hits a kid someone will get sued...

In 1952 Eisenhower said lets build an Interstate highway system and by 1962 the project was drivable in many places. In 1960 Kennedy said lets go to the moon, and in 1969 we landed.

Today we say "Lets......" and 10 years later we are still discussing it, and fighting frivolous
lawsuits designed to be roadblocks. Our foreign competitors have been given the gift of American litigation, never ending debate, and economic gridlock.

Wayne, here's one for you,,,
I was looking in every grocery store I could find ,,, to buy Flat Toothpicks, No one sells Flat wooden Toothpicks any more, I asked why ///

they told me, there is a Law suit from some one using them and picked their gums and started to bleed, I could not find any thing about the law suit, but I sure cannot find Flat Toothpicks,

Stupidity will Never end, and will just keep growing and growing,,,, have fun !!!! zeke

Actually, the kids through high school use aluminum because they don't break, and have to be replaced. Its a $$$ issue. Ball does jump off faster than on wood, and they shouldn't be using them at college level, but still do.

Daughter was in fastpitch softball, and some of the teams were using titanium bats- they're the next step above aluminum, for ball springing off the bat- they're outlawed at every level now, I think.

As long as we have "ambulance chasing lawyers" and people with the "It can't possibly be my fault" mentality, the stupidity will continue...

While it seems stupid,and Im not a lawyer,or anywhere close,every time something gets in court there is a chance the outcome will seem stupid.Do everything right,work hard,provide for your family,go to court and get a divorce.You will find out real quick that the court does not care if you are good or not.You are going to loose as soon as three tear drops hit her cheek on the witness stand and you set there in amazement at what she is saying,knowing she will be struck by lightning for lying any minute,but she isnt struck by lightning.Also even if you win,the court is not going to help you,cops wont help you,you are on your own or you have to drag them into a different court that will threaten them with jail to get what the first court awarded.Court is one thing that can affect your life badly even if you are innocent.A judge has more say over your life than just about anybody else you will run into.Just because a court says something is this way or that has nothing to do with the truth.Its who tells the best,most convincing story to the jury.I sat in the audience for a while at one of those insurance trials one day.While the outcome might seem stupid to somebody not there,if there, you see what they are doing better.Its a contest between the lawyers and the better lawyer,with enough stuff to work with,wins,maybe.A lot of times anymore you could go to court and see people railroaded into prison,because they cant afford a lawyer.Also if they cant afford a good lawyer.There is a reason for those lawyer jokes,and as people get worse and worse,and good lawyers more and more scarce,more people go to prison for things they would just laugh about in the big city.All of this is another reason nnalert are worthless.They create an atmosphere where court doesnt work because most of the people cant afford a lawyer.When I was a kid,and we went to the moon,if you got caught spitting on the sidewalk,and went to court,you got a lawyer.Now maybe half the people or less get a lawyer and lots end up in prison.Different court I know,but if one court is wrong you can bet the rest are too.Its an erosion of the government from a government that stands for the people,changing to a government that only stands for money.Wonder where that idea came from?So if you are a company,and have some money,and get sued,those lawyer hogs are going to get all they think they can get away with.Thats what they do now.Plus to some warped individuals that think this was the right thing to do,good publicity for this crooked bunch of hogs.You can be sure lawyers arent even going to try and get some money out of somebody that works for wages unless they are mad at him and want to ruin him.Like somebody asked a bank robber"why do you rob banks"?Because thats where the money is.In order for those lawyers to get elected to public office they have to steal lots of money from people that have it to steal.

Kinda like Larry The Cable Guy saying he was gonna sue hustler magazine for carpral tunnel syndrome.

Loser Pays would be a simple way to tort reform. If you sue and lose you pay all parties attorney fees and court costs. The frivolous crap will end immediately.

Seems every time I have been injured, I was advised I could not file suit. I was met at the hospital, or at home by attorney's representing the agency I worked for, and we discussed this. I told them I had no intention of filing anything, as long as my medical was covered, and I was able to return to work. I also could not file against the crook. Of course, that would not have netted anything anyway in the majority of the situations. Each time, I was informed "It's a known hazard of the occupation". At least I got to retire with some physical ability retained I enjoyed being a Peace Officer here, and have been asked to return. Wife says NO! Something about not having to wait for a report on me... I still miss all the action, and my adrenalin still pumps at times when I think about it. Now I spend time trying to get some of these folks to listen, and realize they have more useful tools available so they don't have to get hurt. I am only one of MANY who have traveled this road. I have and share no sorrow for what I accomplished, or what happened to me. Maybe it is a bit safer for someone else because of it. Just don't ask me about ANY lawyers!!!

It is common knowledge that the nnalert in congress have blocked tort reform for years because they slop at the same trough with their ambulance chasing buddies. Look at John Edwards. Look at the provisions in the so called health care ''reform'' bill deliberately left in to patronize and pay off the bar association. 30 nnalert congressmen and women currently under ethics investigations by the department of justice.

Aluminum bats can be engineered to transfer more energy to the ball, which was the basis of this lawsuit. They should redesign the bats to perform about the same as wood; but even then and regardless of cost, nobody will go back to wood.

(quoted from post at 13:13:02 11/01/09) Loser Pays would be a simple way to tort reform. If you sue and lose you pay all parties attorney fees and court costs. The frivolous crap will end immediately.

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Not the losing party, but the losing attorney, should pay a % of what they are asking for, as well as some sort of fine for wasting the court's time. Enough slimeball attorneys will currently accept about any case. They get paid either way.

I keep seeing how it's not the bat company at fault, but they do design these bats to have the ball "jump" off them like they do. Maybe if the bat companies agreed to a certain allowed velocity, which seems quite doable, fewer kids would be hurt or killed by batted balls.

Just saying. Sometimes technology can be manipulated for the positive. And maybe that was teh goal of the jury's verdict.

Jake

And if cars only went 10 MPH, people wouldn't get killed in auto accidents, unless they were hit with baseballs.

Guns should have smart bullets that only kill bad guys.

Electricity should be limited in volts/amps so that people can't get electrocuted.

Planes shouldn't fly, because they might fall out of it.

Aluminum bats have been around forever. One thing is that the kids are getting bigger, stronger, etc.

I never played a lot of baseball but I seem to recall that aluminum bats don't sting your hands like wood bats do. I would think that this decision would be appealed. How could they prove that the same thing wouldn't have happened with a wood bat? A few years ago someone was hit by a hockey puck and I think died. Now all NHL arena's have netting around the ends of the rink. The hockey stick maker wasn't sued. The NHL did collect money from all the teams to give to the family of the person who was hit. The player who's shot was deflected felt really bad about the incident. Sometimes bad things just happen. Going by the logic of the baseball bat case, all the car manufacturers should be sued because their vehicles can all go way over the speed limit. Sometimes jurors can be really dumb too. In this case, I think they let their emotions get in the way. Dave

Im sorry,but of the top 20 worst,most corrupt, politicians in congress most are nnalert and a couple of Louisiana nnalert and Murtha from Pennsylvania.Also nearly all of the politicians are lawyers.Tort reform is back to that crooked nnalert lying junk.If a company cant get sued for an amount they will feel,you think its going to get better?So to improve things that are going wrong you suggest there be a limit on a lawsuit to where a big company wont even notice it?Sure lawyers are crooks.Now the reason they are is like this,if you shoot somebody and want to get away with it,do you want a goody two shoes lawyer that will loose?Or a crook that will get you off?So they get most of their money,and stay very busy as well,from people that are crooks.Any way you tweak the system from what it is,it favors the crooks and lawyers,or it wont get done.Thats just how it is.I think if you are honest with yourself,you would rather have a nnalert lawyer that can win,than some nnalert that wants all your money and making a name for himself so he can be prosecuting attorney at the top of his career.Crook or not,winning is what matters in this game.Consider all of them crooks.Its that you want your crook to be on your side,not on the side of the one with the most money.Not sure where you find a lawyer like that,but they do exist.Doubtful any are nnalert,at least where Im from.Bad as things are now,in order to get lots of money,they try and work for the State so they get paid their exorbinate fees,and are too busy to work for you,unless you are rich.So now they are obligated to the state,they think,and dont want to make them mad,so they wont do anything for you anyway.Except take your money.Thats what they have degenerated into.Tort reform would make things worse,just believe me,it would.I know it sounds like a good idea,but a lot of things nnalert said sounded good.Look where we are now because of it.They dont represent you.They are bad for everything.The only thing that they actually do is offer an opposing view.Not a legitimate view,but an opposing view,and seem to be real good at pushing an agenda that drags us deeper into ruination.When they represent people,and fix the problems they created,then Ill change my mind.Im not going to hold my breath waiting for that to happen.

Who invented or was the designer of the alum. bat? Go after them. Personally I don't believe in sueing.

I feel sorry for the family of the kid who was killed by the line drive baseball. I am sure the kid loved the game and knew the risks. I feel sorry for the families of all the folks being blown to bits in the Middle East by other people who claim they are making the world a better place for their religion. I feel sorry for the families of folks killed by drunk drivers. Watching bull riders and Matadors always makes me think there has got to be a safer way to make a living. Hockey is loved for its’ bloodshed by it‘s fans. You never hear about a player hit by a puck and killed but occasionally a fan is hit….watch out …lawsuit.

So this family gets $850,000 for what? Pain and suffering? What do the families of the exploded US troops get besides a flag and a salute? Are the Anhieser Bushes and Jack Daniels’s being sued when people drink their products and kill? Has GM or Ford or Chrysler been sued when someone driving their brand of vehicle crashes and kills? Have the manufacturers of bullets been sued when their products kill?
Was the batter who swung the bat that hit the ball that killed the other kid sued?

If the legal profession had more ethics, it would police it’s own members from presenting such ridiculous suits. On the other hand there is always a bereaved family wanting to find a rational reason for their sorrow and loss. Been to a funeral lately? Costs $$10-$15000 dollars, and for what? Some smarmy funeral director who knows what to say, and a mortician who can plaster up the departed to look presentable. And the caskets? Sheesh. $750 to put an obituary in the paper for 3 days.

Dieing is expensive.

Everybody will do it once.

Life is dangerous, but the alternative is worse.

Why can’t we learn as a society that life causes death? No matter how hard we try and how many laws we pass, society cannot protect us from stupidity and bad luck on our part. Acts of malice, greed, neglect, fraud and anger are intentional acts and should have some kind of price attached to them for the perpetrators. Innocents should have some recourse against transgressors. But lets keep it real. OK?!
John