A jury has found an aluminum bat maker liable for failure to provide adequate warnings as to the dangers of the bat used by a player during a game which resulted in another player’s death. The company was ordered to pay $792,000 to deceased estate for the loss of earnings he would have made, and pain suffered before his death.
The 18-year-old boy was playing in a baseball game when another player hit a ball with an aluminum bat. The ball then hit the victim in his temple. He died four hours later. His parents argued that aluminum bats are more dangerous than wooden bats because they allow players to swing the bat harder and faster. The Plaintiff’s attorney said that the average time needed by a pitcher to defend a batted ball is 400 milliseconds and the victim only had 378 milliseconds to respond. Witnesses to the incident testified that they were unable to see the ball between the time that it was struck by the batter until it hit victim.
Sports injuries and sometimes fatalities are the most horrible tragedies that any parent or family may have to go through as a result of a company/manufacturers’ negligence. The injuries and their causality are very difficult to overcome and with the aid of the right expert knowledgable in these fields a positive outcome may be possible.