I recall a younger more innocent time when I donned a locally sponsored Little League uniform with my mesh hat and mitt that I spent 2 days oiling and molding. Then came batting practice one chilly Montana April. I was up. All my teammates were in the field, looking fully prepared to grip anything I could hit at them. Coach was pitching and threw me some “meat”. I swung and with all my might, ended up popping up an extremely high fly ball to center field. I knew I was out. I started running anyway and was nearly to 2nd Base when the ball finally dropped back into the atmosphere. Expecting it to land squarely in the glove of Quentin, our center fielder, I slowed up. When the ball did something that no one expected. It landed squarely on his right eye. Quentin dropped to the ground. Everyone stopped and rushed to center field. Not only was I worried for the safety of my teammate, but I felt extremely horrible about what happened. Quentin had the worst black eye I had ever seen.
When does it become a brand or product manufacturer’s responsibility to educate consumers about the potential hazards with the use of their product? A recent lawsuit in Montana involving an aluminum Louisville Slugger has caused some controversy that has set a new precedent in injury, sports and products.
The jury in the civil lawsuit ruled in favor of the Patch family, finding that Louisville Slugger is liable for failing to warn about the dangers of using aluminum bats, and that the failure to warn played a part in the accident that caused the death
When I hit the fly ball in the air, and it hit my teammate. I did not feel personally responsible for what happened. Nor do I think it was the bat, the mitt, or the baseball’s fault. I still don’t. Nor do I think it was his. Fly balls will be hit, missed and dropped. It’s what makes baseball one of the most exciting games in sports. By making brands and products responsible for personal injury in this case feels a little bit like a scapegoat and most comments I have overheard seem to think that faulting the bat company in this case is wrong. They claim that “it is the nature of sports”. Other products come with warning labels. Remember the guy who burned himself with Mickey D’s Coffee? Or the childrens toys that come with a choking label. This instance seems slightly different in that baseball is a sport and their are inherent risks that take place when you step onto the field.
What are your thoughts?
