Posted by NCWayne on October 31, 2009 at 18:53:19 from (173.188.168.35):
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...?
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