Time for Tort Reform? Check this out... (page 2)

Robdar

The "merit" of the case seems to be that the bat company did not issue a warning that a ball could come off an aluminum bat faster than a regulation wooden bat.

Yes, that appears to be the merit of the case; however, it is still conjecture on your part to assume this without knowing the relevant facts of the case.

First off, I cannot imagine anybody in this day and age good enough to pitch team hardball that would not already know that. They would also know that the difference is mostly a marginal one - it is not an order of magnitude faster, nor even twice as fast.

Secondly, what if that bat did have a big yellow sticker on it that said "caution, pitchers, you might get hit by a ball"? Would that have changed things? Really? The kid was going to say in front of his coach and team - sorry, but I am scared to pitch to the kid with an aluminum bat?

Why didn't they sue the league or the team organization for not banning aluminum bats? Simple - and we all know the answer to this: The baseball bat company had the bigger liability policy.

It reminds me of the people who want to sue handgun manufacturers because of an accidental shooting, cigarette companies because aunt Sophie got lung cancer, or all those lawsuits in the late 70s over the Porsche 930 Turbo when inexperienced drivers stomped down on them in the rain and lost it in the big way.

There is a definate liberal tendency to blame someone else (someone percieved to be richer than you are) for all that goes wrong in life. Sometimes, sh*t just happens.

More conjecture on your part that the parents are liberal, stupid, and possibly not well off financially. Your fear of liberals amuses me.

"By all means, let's wring our hands for the poor baseball bat company who lost $850,000.00 and show absolutely no sympathy for the parents who lost their son or the young man who lost his life. Do, let's get worked up over a newspaper article that says nothing about the actual case itself."

I am unconcerned that a baseball bat company lost $850,000. I am concerned with why a baseball bat company lost $850,000. Big difference. Please make a note of it, if your teeny-weeny brain can manage it.

Though I have sympathy for the deceased soul and his grieving relatives and friends, I also have sympathy for my fellow citizens who have so much to lose (including health and life!) due to the level of stupidity, greed and abuse I see heaped upon us under a banner of "legal" and/or "justice". But, from what I read, I am not expecting you to understand why one is more disturbing to my senses than the other.

Marvin Shilmer

JWoods

I made no conjecture that the parents were liberals. My skepticism that a warning sticker on the bat could have cured that may be a conjecture...but true life experience is that warning lables on cigarettes or whisky do not stop people from drinking and smoking.

True life experience also says that liberals in general like the process of suing or taxing the biggest pockets they can find because of some perception of injury - even if that injury carries an element of personal acceptance of risk.

Like the old guy said - wull, why didn't anybody tell me that smokin' and drinkin' and whorin' around could shorten your life?

I do feel sorry for the kid, his teammates, the other team, and of course the parents - but good grief: Like Marvin Shilmer alludes to - this really was just a tragic freak accident and should be mourned over as just that.

Robdar

http://www.nytimes.com/2006/07/16/sports/baseball/16bats.html

http://www.findagrave.com/cgi-bin/fg.cgi?page=sh&GRid=8878908

Robdar

Though I have sympathy for the deceased soul and his grieving relatives and friends, I also have sympathy for my fellow citizens who have so much to lose (including health and life!) due to the level of stupidity, greed and abuse I see heaped upon us under a banner of "legal" and/or "justice". But, from what I read, I am not expecting you to understand why one is more disturbing to my senses than the other.

Please tell us what we have to lose, especially health and life wise from all this. A couple examples would be refreshing.

The only thing I see being abusive and stupid around here is you.

Robdar

My skepticism that a warning sticker on the bat could have cured that may be a conjecture...but true life experience is that warning lables on cigarettes or whisky do not stop people from drinking and smoking.

True, I agree. Warnings on whiskey and cigs do not prevent adults from drinking and smoking. However, when it comes to their kids, adults tend to pay attention to the warnings.

Did you read my links above? Otherl teens have been killed from the bats. It's more than just "sometimes shit happens."

John Doe

You all should listen to Rob--she knows what she's talking about. Furthermore, you should all have learned by now that news media is always slanted in the way that arouses emotions the most, often creating a false sense of outrage that the facts do not justify. Outrage sells. Outrage supports agendas. Use your heads for chrissakes.

Big Tex

Your issue is a disagreement with the jurors who awarded these damages, it seems to me.

Amongst litigation attorneys the old saying is "go for the deep pockets". Not who is genuinely at fault in a given situation, but who can pay out the most money.

Personal injury cases are, by definition, those whereby the plaintiff has suffered a loss. The trick is to get the jury to feel that loss and want to punish someone.

Ideally tort reform would be based on reforming a system that requires those with the deepest pockets to pay for a loss rather than discovering if there is a real defect, incompetence, negligence and so on that directly caused the loss. The system now has evolved into getting folks to think that they are entitled to money, even profit, from a loss or injury. Ideal reform would correct that sense of entitlement.

But of course that won't happen. In real life "tort reform" is code used by insurance companies who seek to limit monetary damages that they have to pay out for the insured person or company.

So really any talk of "reform" is rather pointless.

Elsewhere

This is why I've never liked pitching when playing baseball. (I have a strong aversion to balls flying at my face)

The lawsuit was total BS and should have been thrown out by the court.

Any word on whether or not the kid was wearing a helmet?

purplesofa

Why were aluminum bats made?

Why does someone choose an aluminum bat over a wooden one?

Time for Tort Reform? Check this out...

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