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  1. #1
    Atomic Punk
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    12.11.17 @ 04:37 PM
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    Unfortunate accident leads to another broad lawsuit...

    As a board member and parent of a player within my local little league program, I'm not sure what to think about this one...

    However, Little League's player registration form which are signed by the parent(s) clearly states;

    2. I/We know that participation in baseball or softball may result in serious injuries and protective equipment does not prevent all injuries to players, and do hereby waive, release, absolve, indemnify, and agree to hold harmless the local Little League, Little League Baseball, Incorporated, the organizers, sponsors, supervisors, participants, and persons transporting my/our child to and from activities from any claim arising out of any injury to my/our child whether the result of negligence or for any other cause."



    WAYNE, N.J. — A New Jersey couple, whose son was struck in the chest with a line drive, is planning to sue the maker of a metal baseball bat used in the game.

    Two years ago, Steven Domalewski was pitching when the ball slammed into his chest and stopped his heart. He was resuscitated but now has brain damage and is severely disabled.

    The family contends metal baseball bats are inherently unsafe for youth games because the ball comes off them much faster than from wooden bats.

    The lawsuit will also be filed against Little League Baseball and a sporting goods chain that sold the bat.

    An attorney says Domalewski will need millions of dollars worth of medical care for the rest of his life.

    The bat maker says while it sympathizes with Steven and his family, the bat is not to blame for the injury.
    "Watch what people are cynical about, and one can often discover what they lack.” -- Gen. George S. Patton

  2. #2
    carpe damn diem billy007's Avatar
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    12.12.17 @ 09:42 AM
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    When my boys started playing in 2006, I wanted them to use wooden bats as to me aluminum bats are heresy. However, I was told wooden bats weren't allowed as they could break. Which of course, if this league in Jersey was using wooden bats and one of them broke and a piece impaled this kid, the parents would probably sue for that as well...

  3. #3
    Atomic Punk ZeoBandit's Avatar
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    12.12.17 @ 06:17 AM
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    That's rediculous, and the suit will never hold up in court.
    "What we are dealing with here, is a complete lack of respect for the law" - Jackie Gleason, Smokey and the Bandit

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  4. #4
    Baluchitherium loveevhsince79's Avatar
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    10.23.15 @ 04:49 PM
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    Let me say that what happened is so unbelieveably sad as I can truly understand the pain the family must be going through as I would be devastated. My son started playing this year and I can't begin to imagine the horror of such an accident however, it was just that, an accident. Unless there have been extensive studies that prove there was a risk with using the metal bats that the manufacturer did not release to the public, it is just a freak accident. Have there been a lot of other accidents from the metal bats causing extensive injuries? If not, it is not the manufacturer's responsibility to pay the medical bills and care of the child. If there is a history, then by all means, go for it.
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  5. #5
    Atomic Punk Viking's Avatar
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    11.02.17 @ 09:45 PM
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    I can't see a kid getting enough momentum to break a wooden bat. And yes, metal bats are heresy. I hate the 'clank' that they make when the batter makes contact.
    "Viking - last to sleep, first to rise, last to leave, that's how the Nords of old rocked the house." ~ timmac in the 'Texas Linkers' thread talking about yours truly. :-)

  6. #6
    Atomic Punk chefcraig's Avatar
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    03.07.10 @ 06:18 AM
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    The thing about aluminum bats is they are cheap, compared to the construction costs of wooden bats. This is why they are used in NCAA games. The overall quality has improved somewhat over the years, yet...I still vividly recall the summer evening when one of these abominations shattered in my hands. It literally desintegrated above my grip after I swung and connected with a smoking fast-ball. The fact that I was swinging away more than likely saved me from any serious injury, as the motion carried the fragments outward through centrifugal force, yet I still received a few cuts and gashes here and there about my neck and forearms.

    And let's face it: Even that cool gang in "The Warriors" used wooden bats. Now if even gang-members avoid the use of the god-forsaken things...
    "The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man."
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  7. #7
    Atomic Punk Bob_R's Avatar
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  8. #8
    Atomic Punk jrk5150's Avatar
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    12.12.17 @ 02:44 PM
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    First, I'm not saying this suit has any merit at all. It's tragic, but not sure there's true legal negligence here.

    That said, there have been plenty of studies that aluminum bats are dangerous, the ball does come off at some frightening speeds. And while the younger you are, the lower the speed, I'd also argue the less quickly you'll react in the field, and the more fragile you might be. However, requiring HS's and Little Leagues to buy wood isn't the answer, there isn't the money available. Because of the breakage factor, you go through too many.

    What IS the answer is something they could and should have done years ago, and that's tone the bat down. They can make metal bats that react in a similar fashion to wood as far as ball speed goes, but they don't. That could be something that allows a lawsuit such as this to go forward - the technology exists to prevent this, but nobody wanted to go through the time/expense to make it prevalent.

  9. #9
    Sinner's Swing! graeme's Avatar
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    11.19.17 @ 09:41 AM
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    Yes, this is a shame but suing the makers of the bat?

    In sports there are injuries. What, is the world supposed to wrap the young up so they never get hurt? It's a fact of life. Anything that involves physical movement may result in injury. I can't count the amount of sports injuries I witnessed and suffered at school. Shit, was I supposed to sue the guy who whacked me with a hockey stick? And the manufacturers?

    The idea of suing the makers of the bat is akin to suing a car maker whose product happened to be driven by the guy that ran into you.

    Sheer farce.
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  10. #10
    Forum Frontman It's Mike's Avatar
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    12.12.17 @ 05:19 PM
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    this can't hold up in court but I feel terribly for the family. I'm not too familiar with little league baseball in the States, but aren't the leagues insured for this type of thing. I know in Canada that our minor league hockey leagues is - granted the threat of injury in hockey would be much higher.

  11. #11
    Atomic Punk MikeL's Avatar
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    03.03.15 @ 08:31 PM
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    Injuries and deaths happen in sports. That's just life.

    There are probably more constructive and healthy ways for the family to deal with their tragedy than litigation.

  12. #12
    Atomic Punk LLFHS's Avatar
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    07.30.17 @ 08:59 PM
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    Quote Originally Posted by MikeL View Post
    There are probably more constructive and healthy ways for the family to deal with their tragedy than litigation.
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  13. #13
    Atomic Punk LLFHS's Avatar
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    Quote Originally Posted by graeme View Post

    The idea of suing the makers of the bat is akin to suing a car maker whose product happened to be driven by the guy that ran into you.
    I'm sure this has happened somewhere here in the Litigious States of America.
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  14. #14
    Atomic Punk jrk5150's Avatar
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    12.12.17 @ 02:44 PM
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    Like I said, I'm not advocating for this suit. But just remember - most of the safety measures we have in place today were the result of someone going against the grain to fight something that to them didn't seem right, despite it being an acceptable practice of its day. Cars are safer, factories are safer, food is safer, toys are safer, all because someone at some point said "hey, this tragedy could have been prevented, something isn't right here" - sometimes that's done via legislation, sometimes via lawsuits.

    Like I said - the technology to alleviate some of this risk exists, but at a cost. Now it's up to society to weigh the cost of implementing this technology against the cost of a child's life, and whatever future lives it may impact. The bat manufacturer, along with whatever associations govern the different baseball leagues out there using aluminum, already did this calculation, and decided to role with the existing technology. This lawsuit will tell them if they were right.

  15. #15
    Sinner's Swing! Wickett's Avatar
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    There was a story last year on Real Sports that dealt with the "come-backers" that pitchers have to deal with off aluminum bats. The argument being due to the speed at the college level of the ball coming off the bat with aluminum compared to wood, the pitcher doesn't have as much time to react, resulting in serious injuries.
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