Aluminum Baseball Bat Causes Brain Injuries Leading to Wrongful Death of 18 year old player:
For over 25 years in our Chicago and South Chicago personal injury and worker’s injury practice we have advocated for the victims of negligent and reckless accidents and Volpe was surprised to see that event the gentler All American past-time of baseball is not immune from these dangers. A recent Montana verdict affirmed by its Supreme Court found that the manufacturer of aluminum bats was liable for the death of American Legion pitcher. The player died from brain injuries when hit by a ball struck by a player using a Model CB-13 Louisville Slugger. The family of the pitcher filed a failure to warn lawsuit alleging that the aluminum bats increased the danger of personal injury and death because pitchers have less time to react due to the increased velocity of the batted ball. The manufacturer stated that only the batter, as the user of the bat, had standing to bring a failure-to-warn claim and that it did not have duty to “bystanders” such as pitchers and fielders. The Supreme Court disagreed stating that in the context of a baseball game “all of the players were users or consumers placed at risk by the increased exit speed caused by the (aluminum) bat. (The manufacturer ) is subject to all players in the game…for the physical harm caused by its bat’s increased exit speed.”
We are strong believers in laws and practices which prevent and mitigate the dangers to consumers and workers and are pleased to report on this latest verdict. Our condolences to the family of the victim and hopes that his death will serve to prevent other wrongful deaths.