Bat Manufacturer Sued In Product Liability Lawsuit For Pitcher’s Death

Strict liability includes failure to warn users of a product’s dangers. 

Injuries that occur during sporting events make it to the headlines. Baseball is no exception and athletes suffer many forms of injuries when playing baseball, at both the amateur level and pro level. During an American Legion game in 2003, an eighteen year old pitcher was killed when an aluminum baseball bat struck him in the temple during the course of the game.

The victim’s family charged the aluminum bat’s manufacturer by filing a product liability lawsuit. The bat maker Hillerich & Bradsby Co. was not found blameworthy of making an incorrectly designed bat, however, they were held responsible for being negligent and failing to warn customers about the dangers that were linked to the bat.

The family of the young man, Brandon Patch, who died in the incident, filed a product liability lawsuit on the account that the aluminum bat was extremely dangerous as it added more momentum to a batted ball as compared to one hit by a wooden bat. This increased speed was harmful for people because it gave them lesser time to react to the ball, in case they were standing in the “danger zone”.

The family claimed that the maker was rather reckless in designing the bat because it left the ball swinging with an increased velocity. However, the jury did not agree with the claim and asserted that the bat was not found to have any design defect. The family was awarded $850,000 on the grounds that the manufacturer failed to sufficiently warn consumers and the jury agreed with that claim.

The highest court in the state also said that considering the baseball game’s realities, it was in full support of the decision taken by the District Court. Since the bat comprises an indispensable part of that sport, the risk of danger that accompanies the bat’s use extends to other people besides the player who is holding the bat.

Product Liability Lawyers

Product liability is an area of law that holds manufacturers, designers and sellers of dangerous or defective products responsible for the injuries linked to their goods. Strict liability includes failure to warn users of a product’s dangers.

If you feel that you or someone you love has been injured by a defective product or from a product that failed to warn of the dangers, contact the St. Louis Personal Injury Lawyers of the Zevan and Davidson Law Firm. Call (314) 588-7200 to schedule a free and private consultation.

photo credit: MelvinSchlubman