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Thread: parents wanting to cash-in on childs injury

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  1. #1
    Class of 2023 George Foster's Avatar
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    parents wanting to cash-in on childs injury

    http://www.foxnews.com/story/0,2933,356505,00.html

    Why don't they sue the owner of the park, the paint maker on the bat, the baseball manufacturer, the company the supplied the white dye used to dye the leather baseball, and the manufacturer of the uniform for not making the uniform thick enough.

    Note: They make an under shirt for children to wear while playing baseball that has a pad to protect the heart. I guess the parents won't sue themselves...
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  2. #2
    Raaaaaaaandy guttle11's Avatar
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    Re: parents wanting to cash-in on childs injury

    I'm pretty much against a lot of lawsuits that are brought, but I have no problem with this. Aluminum bats are unsafe, above and beyond the normal amount of risk taken when playing sports. Any company that makes a product as unsafe as these bats is opening themselves up to a lawsuit.

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    We are the angry mob cincyinco's Avatar
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    Re: parents wanting to cash-in on childs injury

    So how about then taking responsibility for the inherent risk you take playing any sport?

    Its pretty well known the risks you take playing certain sports. Including baseball. Its why grown men don't play with aluminum bats in the show. It will kill someone.

    Its unfortunate, but its a freak accident. This lawsuit is rediculous IMO. More frivilous suits from a suit happy generation.
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    Re: parents wanting to cash-in on childs injury

    Quote Originally Posted by cincyinco View Post
    Its unfortunate, but its a freak accident. This lawsuit is rediculous IMO. More frivilous suits from a suit happy generation.
    The hapless generation strikes again. Everyone knows the risks of playing sports, freak incidents or not. It's pretty synomomous. Sometimes people will get hurt, doesn't mean a law suit should start flying through and that everything should seriously take a back seat because of this.
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    Moderator RedlegJake's Avatar
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    Re: parents wanting to cash-in on childs injury

    Millions in medical care. Before I go off on these parents I have to say if they are under insured and the only way to get the funding needed to cover their son's medical care is to sue, you bet I'd sue. I'd do whatever it took to get the care my son needed, now and in the future. And, as a former little league coach I agree that aluminum bats and "hot" bats have no place at all in these leagues.

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    Class of 2023 George Foster's Avatar
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    Re: parents wanting to cash-in on childs injury

    Quote Originally Posted by RedlegJake View Post
    Millions in medical care. Before I go off on these parents I have to say if they are under insured and the only way to get the funding needed to cover their son's medical care is to sue, you bet I'd sue. I'd do whatever it took to get the care my son needed, now and in the future. And, as a former little league coach I agree that aluminum bats and "hot" bats have no place at all in these leagues.
    The kid died, so their was very little spent for medical care.

    It would not matter if it were a hot bat or not, if the kid hitting the ball is 150 pounds, and it hit exactly in the right spot, the same result would of happen. Some of these 12 year old kids are huge, what do you do, have a weight limit? The infielders are closer to home because it's a LL field.

    If they were that concerned about this happening they could of gone to any major sporting good store and purchased the under-shirt I mentioned it the origional post

    If their kid was hit by a hockey puck, they would be doing the same thing. The would be suing the rubber company that made the puck and the stick company that made the hockey stick. It's all about the coin.
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    Are we not men? Yachtzee's Avatar
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    Re: parents wanting to cash-in on childs injury

    Quote Originally Posted by George Foster View Post
    The kid died, so their was very little spent for medical care.

    It would not matter if it were a hot bat or not, if the kid hitting the ball is 150 pounds, and it hit exactly in the right spot, the same result would of happen. Some of these 12 year old kids are huge, what do you do, have a weight limit? The infielders are closer to home because it's a LL field.

    If they were that concerned about this happening they could of gone to any major sporting good store and purchased the under-shirt I mentioned it the origional post

    If their kid was hit by a hockey puck, they would be doing the same thing. The would be suing the rubber company that made the puck and the stick company that made the hockey stick. It's all about the coin.
    Um, in the story you linked to, the kid's heart stopped, but he was resuscitated, but suffered brain damage. He's going to need lifelong medical care. I don't know if they knew the risks if the kid on the other team was using a "hot" bat. Why bring in the leauge? Well, did the league warn them that players could use hot bats and that those bats could pose a risk of harm to their kid? Did the league tell them to get their kid that flak jacket shirt you mentioned? Did the sporting goods store warn the people who purchased the bat that balls come off the bat at a higher speed that could cause injury to other kids?

    Bat makers know the risks of their products and know to whom those bats are marketed. I'm far from a fan of frivolous lawsuits, but this is one of those cases where I think the parents have to sue. They're going to be caring for that boy for the rest of their lives. His injuries may have been caused by negligence and the negligence may have been caused by the bat maker in not providing adequate warnings on their product, the store, for not warning the purchaser, and/or the league for not warning the parents. If one or more of the parties wasn't negligent, they either get dismissed from the case by the judge or acquitted by the jury.

    You assume that the parents were adequately warned of the dangers they exposed their kid to when they signed him up to play. That may not be true. I know I didn't know about flak jackets and all that stuff before you mentioned it in this thread. If I wasn't up on this aluminum bat controversy, I would have probably assumed aluminum bats were pretty much similar to what they were when I was a kid. So it really is important that bat makers and leagues make sure parents are aware of the dangers of these newer bats and the leagues warn parents that such bats may be used.
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    Sprinkles are for winners dougdirt's Avatar
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    Re: parents wanting to cash-in on childs injury

    Quote Originally Posted by Yachtzee View Post
    Um, in the story you linked to, the kid's heart stopped, but he was resuscitated, but suffered brain damage. He's going to need lifelong medical care. I don't know if they knew the risks if the kid on the other team was using a "hot" bat. Why bring in the leauge? Well, did the league warn them that players could use hot bats and that those bats could pose a risk of harm to their kid? Did the league tell them to get their kid that flak jacket shirt you mentioned? Did the sporting goods store warn the people who purchased the bat that balls come off the bat at a higher speed that could cause injury to other kids?

    Bat makers know the risks of their products and know to whom those bats are marketed. I'm far from a fan of frivolous lawsuits, but this is one of those cases where I think the parents have to sue. They're going to be caring for that boy for the rest of their lives. His injuries may have been caused by negligence and the negligence may have been caused by the bat maker in not providing adequate warnings on their product, the store, for not warning the purchaser, and/or the league for not warning the parents. If one or more of the parties wasn't negligent, they either get dismissed from the case by the judge or acquitted by the jury.

    You assume that the parents were adequately warned of the dangers they exposed their kid to when they signed him up to play. That may not be true. I know I didn't know about flak jackets and all that stuff before you mentioned it in this thread. If I wasn't up on this aluminum bat controversy, I would have probably assumed aluminum bats were pretty much similar to what they were when I was a kid. So it really is important that bat makers and leagues make sure parents are aware of the dangers of these newer bats and the leagues warn parents that such bats may be used.
    Stupidity isn't negligence, or at least it shouldn't be. You know that you could take a LD and not catch it. Don't tell me adults don't know that risk. They do. There is no negligence in that. Its like suing Mcdonalds because your coffee you spilled on you was hot. Oh wait, that happened. Still, negligence shouldn't have to cover common sense.

  9. #9
    Are we not men? Yachtzee's Avatar
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    Re: parents wanting to cash-in on childs injury

    Quote Originally Posted by dougdirt View Post
    Stupidity isn't negligence, or at least it shouldn't be. You know that you could take a LD and not catch it. Don't tell me adults don't know that risk. They do. There is no negligence in that. Its like suing Mcdonalds because your coffee you spilled on you was hot. Oh wait, that happened. Still, negligence shouldn't have to cover common sense.
    Is it common sense? Sure parents know the risk that a kid might not catch a line drive, but I doubt many parents are aware that a ball could come off an aluminum bat fast enough and hard enough to cause someone's heart to stop if they get hit. Did you know that? I didn't know that. I know my parents didn't know that when they let me play as a kid, or else there's no way they would have let me play. My mom wouldn't let me play organized football because she had worked as a receptionist at an orthopaedist's office and saw all the broken bones from football. If we compare it to another product, say lead-based paint. Every parent knows they shouldn't let their kid eat paint chips. But do they assume the risk that the paint in their house has lead in it, even if they didn't know about it, just because common sense says not to let your kids eat paint chips?

    Bat makers are always trying to improve the hitting power of their bats. It's how they make their money. You don't think that if they're going to juice up their bats, they shouldn't be required to put some kind of warning on there? Should they be allowed to sell any kind of bat to any age level they want, regardless of the danger to children? If bat makers are souping up those bats without adequately warning the public of the dangers, then should they not be held accountable?

    I don't know about banning aluminum bats. I think the argument is compelling that aluminum bats reduce the equipment costs of youth leagues across the country and it poses less danger of a kid getting hit by a broken bat. However, I think the bat makers have the technology to make a safer aluminum bat. If they don't make bats safer for youth leagues on their own, then the public needs some way to compel them to do so. The best way is to have the leagues require safer bats themselves. But a lawsuit to determine whether the bats are in fact safe for use is another way. All part of the system.

    I think your argument in this case would be stronger if it were the parents who bought the bat that was used and they were told that using the bat in a youth game could pose risks. Maybe you don't have kids. I do and I know that, while I want my kids to go out and have fun and climb trees and play baseball and do other things that are fun but involve risk, I also want to know how much risk I'm exposing my kids to so that I can make an informed decision.
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    Re: parents wanting to cash-in on childs injury

    Quote Originally Posted by dougdirt View Post
    . Its like suing Mcdonalds because your coffee you spilled on you was hot. Oh wait, that happened. Still, negligence shouldn't have to cover common sense.

    Don't get me started on that. McDonalds must have the greatest PR machine in history if people still think they got a raw deal on that one.

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    Re: parents wanting to cash-in on childs injury

    Quote Originally Posted by dougdirt View Post
    Its like suing Mcdonalds because your coffee you spilled on you was hot. Oh wait, that happened. Still, negligence shouldn't have to cover common sense.
    Actually not to get all lawyerly.
    But McDonalds was sued not because their coffee was hot, but because it was hot enough to cause third degree burns. They had been warned about it numerous times and had ignored the warnings, instead instructing all the restaurants to serve it at the scalding temperatures because it would stay hotter for people who brought their coffee to work.

    But lets' not let facts get in the way of a good story.
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    The Future GoReds33's Avatar
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    Re: parents wanting to cash-in on childs injury

    I understand that they need help paying for it. I agree with RedlegJake, that given the situation, I would sue. This isn't a case of cashing in, as much as it is a case of being able to care for their very injured son.

  13. #13
    Member durl's Avatar
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    Re: parents wanting to cash-in on childs injury

    I don't believe suing the bat company is a good decision. As the OP said, there are many others who would be just as "responsible" as the bat manufacturer, including the parents themselves. The part that saddens me is that they're also suing the store that SOLD the bat. Why no mention of them suing the family of the boy that actually hit the ball? Or the salesman that sold them the "dangerous" item? I'm guessing because there's no money in it. As much as I want to sympathize with their situation, going after those with deep pockets just seems, well, greedy.

    The bat company won't simply roll over for a demand for cash (and open themselves up for countless numbers of lawsuits) so the parents will have to show direct negligence or that the product is defective and I would guess they won't be able to do that. And IF the parents win their suit, be prepared for Little League Baseball to make other parents jump through tons more hoops in order to shield themselves from future lawsuits. While the lawsuit has the appearance of caring for an injured son, it won't end with them receiving cash. It will have far-reaching consequences if they manage to win the case.

  14. #14
    Little Reds BandWagon Reds Nd2's Avatar
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    Re: parents wanting to cash-in on childs injury

    So we ban aluminum bats at the little league level. Who pays for the wood bats?
    "...You just have a wider lens than one game."
    --Former Reds GM Wayne Krivsky, on why he didn't fly Josh Hamilton to Colorado for one game.

    "...its money well-spent. Don't screw around with your freedom."
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    Re: parents wanting to cash-in on childs injury

    Quote Originally Posted by Reds Nd2 View Post
    So we ban aluminum bats at the little league level. Who pays for the wood bats?
    The same people that pay for the aluminum bats...the players?
    Last edited by *BaseClogger*; 05-18-2008 at 12:51 AM.


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