View Full Version : Family of boy hit by baseball holds onto hope


April
05-18-2008, 08:24 AM
WAYNE, N.J. - She wraps her arms around her son, gently raising the spindly 14-year-old boy off a couch to his feet. She hugs him and rubs his back, whispering "I love you" over and over.


Steven Domalewski moves his head to kiss his mother, but all he can manage are slurping sounds in front of her lips. His head flops onto her shoulder, spent from the effort.

Less than two years ago, Domalewski was a happy, healthy star pitcher on a youth baseball team coached by his father. He loved martial arts, climbed every tree on the block and zoomed down his street on inline skates. He once shot an arrow into the wall of his basement rec room.

Now Domalewski is severely disabled, left with brain damage after being struck in the chest by a line drive that stopped his heart while he was playing in a youth baseball game.

His family plans to file a lawsuit Monday against the maker of the metal bat that was used in the game, against Little League Baseball and a sporting goods chain that sold the bat. The family contends metal baseball bats are inherently unsafe for youth games because the ball comes off them much faster than from wooden bats.

There has been a string of injuries the past two decades involving metal bats launching balls that have killed or maimed young players across the country. The Domalewskis' lawyer claims bat manufacturers put speed ahead of safety; one even advertised a bat so powerful it is capable of "beaning the third baseman" with a line drive.

Attorney Ernest Fronzuto says Domalewski will needs millions of dollars worth of medical care for the rest of his life.

Other than the word "Yeah," which he repeats over and over, or "Dadada" which he sometimes utters when he sees his father, Steven cannot speak. He also can't walk or stand on his own, and needs help with everything from using the bathroom to eating.

"My son is serving a sentence, and the only thing he did was pitch to an aluminum bat," said his father, Joseph Domalewski.

___

Steven Domalewski's life changed forever on June 6, 2006, an overcast evening in which his Tomascovic Chargers were playing the Gensinger Motors team on the Wayne Police Athletic League field.

Domalewski was pitching, on the mound 45 feet from home plate. He wasn't a hard thrower, but he had excellent control. In the fourth inning, the first two batters reached base. He went to a full count on the third batter.

What happened next unfolded in a flash, but has resulted in an agonizing, slow-motion purgatory for Steven and his family.

The batter rocketed a shot off a 31-ounce metal bat. The ball slammed into Steven's chest, just above his heart, knocking him backward. He clutched his chest, then made a motion to reach for the ball on the ground to pick it up and throw to first base.

But he never made it that far. The ball had struck his chest at the precise millisecond between heartbeats, sending him into cardiac arrest, according to his doctors. He crumpled to the ground and stopped breathing.

His father, a school teacher who had been on the sideline, and a third base coach from the other team ran onto the field. Steven already was turning blue.

Someone yelled, "Call 911!" Within 90 seconds, a man trained in cardiopulmonary resuscitation who had been playing catch with his 9-year-old daughter jumped the fence and started to work on Steven.

Paramedics, who were a quarter-mile away doing a CPR demonstration, arrived within minutes. They placed an oxygen mask over Steven's face and rushed him to a hospital. But the damage had been done; his brain had been without oxygen for 15 to 20 minutes.

"Pretty much, he died," Joseph Domalewski said, wiping away tears. "It was just so fast. The thud, you could hear. When it hit him, that seemed to echo."

___

The lawsuit is to be filed in state Superior Court in Passaic County, naming Hillerich & Bradsby Co., maker of the Louisville Slugger TPX Platinum bat.

The suit also will name Little League Baseball and the Sports Authority, which sold the bat. It claims the defendants knew, or should have known, the bat was dangerous for children to use, according to the family's attorney.

Hillerich & Bradsby said Domalewski's injury, called commotio cordis, happens more often in baseball from thrown balls than batted ones.

"Our 124-year old, fifth-generation family-owned company never wants to see anyone injured playing baseball, the game we love," the company said in a statement. "But injuries do occur in sports. While unfortunate, these are accidents. We sympathize with Steven and his family, but our bat is not to blame for his injury."

Stephen Keener, president and chief executive officer of Little League Baseball, declined to comment on Domalewski's case, but said in a statement, "Little League will continue its strong commitment to player safety, and we feel our well-documented record of safety in youth baseball speaks for itself."

On its Web site, Little League denied that metal bats are inherently riskier.

"Little League International does not accept the premise that the game will be safer if played exclusively with wood, simply because there are no facts — none at all — to support that premise," the organization wrote.

Representatives of The Sports Authority did not return repeated telephone messages.

___

The suit touches on a hotly disputed issue that has been roiling youth and scholastic baseball programs for years.

In 2003, Brandon Patch, an 18-year-old pitcher for an American Legion team in Helena, Mont., was hit in the head by a line drive off an aluminum bat and died several hours later. In Pennsylvania, 15-year-old Donald Bennett was struck in the face by a line drive from a metal bat while pitching in a 2001 game, causing him to lose an eye.

New York City and North Dakota have banned metal bats for youth and school sports, and New Jersey is considering a similar ban.

Several states are studying the issue. Pennsylvania rejected a proposed ban, and Massachusetts did likewise last year — two months after a high school freshman throwing batting practice was hit in the head by a line drive that fractured his skull. He survived and is expected to make a full recovery.

The National Federation of State High School Associations lets its members choose whether to use metal or wood; most colleges use metal bats.

Metal bats are priced at as much as $300 but are considered more cost-effective than wood bats — which sell for under $100 — because they are far less likely to break and can last for years.

Domalewski was playing in a Police Athletic League game, but Little League was sued because the group certifies that specific metal bats are approved for — and safe for — use in games involving children.

Little League reached an agreement with the major manufacturers of metal bats in the early 1990s to limit the performance of metal bats to that of the best wooden bats. On its Web site, the league said injuries to its pitchers fell from 145 a year before the accord was reached to the current level of about 20 to 30 annually.

The league said that since it started keeping records in the 1960s, eight players were killed by batted balls, six of which were hit by wooden bats. The two metal bat fatalities occurred in 1971 and 1973, before the new standards were adopted.

In 2002, the U.S. Consumer Safety Product Commission ruled that there was inconclusive data to support a ban on metal bats in youth and high school baseball games. Its own study found that from 1991 to 2001, there were 17 deaths nationwide because of batted balls — eight from metal, two from wood, and another seven of unknown origin.

Joseph and Nancy Domalewski pray that their son will return to what he was before the injury. But no doctor has told them that is likely.

"I miss my boy, the way he was," his mother said. "You can't take away our hope."

"We describe our days as painful, and somewhat less painful," his father added. "Our hope is that he walks and talks and becomes a functioning member of society and has kids."

The Domalewskis have purposely left unfixed the arrow hole that Steven made in the basement.

"We're saving that for him to spackle when he gets better," his father said.





Does anyone else think this country is just sue happy????? Come on people, when you put your kid in sports you are increasing their risk of being hurt much more than if you just put them in front of a video game. And if you buy hot coffee, duh, its going to be freaking hot :duh :duh

*Sarah*
05-18-2008, 08:28 AM
such a sad story. but i agree that when you put your child into sports, things like this can happen

WAITING WIFE
05-18-2008, 10:36 AM
wow That is so sad BUT when your kid plays you take that risk My older son was hit in the eye by a baseball when he was 13 it took a year and 52,000 dollars of reconstructive surgery to fix it he shattered the orbit the league took care of all medical bills and I was thankful for that I still let my younger son play the sport though it was scary Josh is now heading to fla in october for a look see from the supervising scout for the Seattle Mariners it is a chance you take my older son? his eyesight is fine and he is an Army strong soldier

eelo
05-18-2008, 10:38 AM
Does anyone else think this country is just sue happy????? Come on people, when you put your kid in sports you are increasing their risk of being hurt much more than if you just put them in front of a video game. And if you buy hot coffee, duh, its going to be freaking hot :duh :duh

I assume you're referencing the McDonald's case from many years back? There are a great many more details to that case than simply purchasing hot coffee.

This particular story is indeed tragic. I'm not sure how the family can place the blame entirely on the presence of the aluminum bat, however. I wonder what sort of evidence there is documenting that balls hit off aluminum bats go farther/faster/harder than balls hit off wooden bats? There's a reason that professional baseball doesn't use aluminum bats; maybe it IS time for Little League to revisit their standards.

Mommy2Bailey
05-18-2008, 10:54 AM
Thats ridiculous. Are they going to sue the boy that was strong enough to hit the ball with enough force to hit him and stop his heart? Might as well sue everybody there.

aelsass
05-18-2008, 10:57 AM
Thats ridiculous. Are they going to sue the boy that was strong enough to hit the ball with enough force to hit him and stop his heart? Might as well sue everybody there.

Ha no kidding. My son plays baseball in little league and I can say that it is totally a parents choice to let them play and im sorry if something happens to him cause of the bat thats not a reason to sue.

rcwant2be
05-18-2008, 11:28 AM
Does anyone else think this country is just sue happy????? Come on people, when you put your kid in sports you are increasing their risk of being hurt much more than if you just put them in front of a video game. And if you buy hot coffee, duh, its going to be freaking hot :duh :duh

i think it's reasonable to expect cuts, scrapes, bruises, broken bones...but for your kid to wind up a vegetable? i think the parents are totally warranted in suing. imagine how much it's going to cost to provide care for him for the rest of his life. & how long will his life last now, due to his injuries?

*Sarah*
05-18-2008, 11:32 AM
I assume you're referencing the McDonald's case from many years back? There are a great many more details to that case than simply purchasing hot coffee.

This particular story is indeed tragic. I'm not sure how the family can place the blame entirely on the presence of the aluminum bat, however. I wonder what sort of evidence there is documenting that balls hit off aluminum bats go farther/faster/harder than balls hit off wooden bats? There's a reason that professional baseball doesn't use aluminum bats; maybe it IS time for Little League to revisit their standards.

in my experience, aluminum bats do not hit as well as wooden bats. I played softball for years and hated using alluminum and bought my own wooden one.

eelo
05-18-2008, 11:57 AM
in my experience, aluminum bats do not hit as well as wooden bats. I played softball for years and hated using alluminum and bought my own wooden one.

Softball is different from baseball, though, right? And softball bats are different from baseball bats, I thought (don't know for sure).

Sport evolves over the years; there have been many, many changes in safety equipment, rules, and other things. I remember when hockey players weren't required to wear helmets. Little League already made some changes during the early 70s, specifying the type of aluminum bat. With advances in the sport, and the change in physical condition/abilities that it seems like ALL high-level athletes have undergone, maybe it's time to revisit things?

Nothing is going to bring that boy back to the way he was, and nothing will bring back those who were killed in freak sporting accidents. But maybe by looking at things again, it will prevent needless injuries in the future.

*Sarah*
05-18-2008, 12:00 PM
Softball is different from baseball, though, right? And softball bats are different from baseball bats, I thought (don't know for sure).
.


Softball is different that baseball, but we used the same bats. The only difference is the ball used and the type of pitching. Some gloves are different, but most of the equitment is the same in baseball/softball. At least it was when I played, but that has been almost 10 years ago, so things could have changed.

truzbabygirl
05-18-2008, 12:03 PM
wow.. first off I'm going to say a :pray for the family.. Second... geeze, you picked out the bat to use for the game!!!!!!!!! geeze.... don't get sue happy!... Injuries do happen!.... come on now.... they'll never win that one.

eelo
05-18-2008, 12:17 PM
I'm always skeptical of the stories that make parents/loved ones sound sue-happy. People have the right to sue, they have the right to redress grievances, they have the right to have their concerns looked at. Their son has suffered a tragic accident, but was it really an accident, or was it the result of errors made by people who were supposed to know better? So, they hire a lawyer (who probably does a lot of fast talking him/herself) and they decide to sue. Who of us knows the real reason?

What we DO know, however, is that the corporations have MUCH deeper pockets and can start the wheels spinning on bad-mouthing the plaintiff and his/her case. That's what happened in the McDonald's case; the corporate talking heads initiated a HUGE media blitz making the old woman in Florida (?) sound like an idiot, she caused her own injury, and she was the one at fault. People actually began to feel sorry for McDonald's, that they were being picked on by someone who was only looking for money. But when the plaintiff's lawyer presented facts and evidence, a jury awarded major damages to the woman. I won't go into detail about it, but it comes down to McDonald's having corporate pockets that were deep enough to try this in the press. For those who want to learn more facts (which might change your mind about the woman's actions and McDonalds' non-guilt), there are lots of links: http://lawandhelp.com/q298-2.htm ; http://library.findlaw.com/2000/Mar/1/131129.html

Anyhow, the plaintiffs in the baseball case are still going to have to prove standing. For them to be able to sue the coach, they're going to have to demonstrate something the coach deliberately did, knowing it was against standard practices (i.e., coach recommended a bat that was designed for professionals and was not recommended for LL play). To sue the league, they're going to have to show that the league (1) knew there was an inherent danger in using this equipment, and (2) elected not to do anything despite knowing the risk.

The plaintiff has a reasonable expectation regarding safety, safe practices, and following the rules. I coach kids' sports and believe me, I do NOT want to encourage people to sue just because their kid got hurt. There are a lot of safety measures in place (for example, my league just made it mandatory for us to have 20-something hours of special training, and we have to pass a test for it), and if those measures were not being adhered to, the parents have a legitimate beef.

browneyedbeauty
05-18-2008, 12:30 PM
i think it's reasonable to expect cuts, scrapes, bruises, broken bones...but for your kid to wind up a vegetable? i think the parents are totally warranted in suing. imagine how much it's going to cost to provide care for him for the rest of his life. & how long will his life last now, due to his injuries?

I agree. No one expects their child to end up in a vegetative state because of participation in a youth sports game.
Softball is different that baseball, but we used the same bats. The only difference is the ball used and the type of pitching. Some gloves are different, but most of the equitment is the same in baseball/softball. At least it was when I played, but that has been almost 10 years ago, so things could have changed.

The bats are different now. There's less of a taper on a softball bat.
I assume you're referencing the McDonald's case from many years back? There are a great many more details to that case than simply purchasing hot coffee.

This particular story is indeed tragic. I'm not sure how the family can place the blame entirely on the presence of the aluminum bat, however. I wonder what sort of evidence there is documenting that balls hit off aluminum bats go farther/faster/harder than balls hit off wooden bats? There's a reason that professional baseball doesn't use aluminum bats; maybe it IS time for Little League to revisit their standards.

The theory is that aluminum bats are lighter in weight so they're easier to swing around, resulting in balls traveling at higher speeds than youth would generally send them.

I agree. There's a reason professionals don't use metal bats.

browneyedbeauty
05-18-2008, 12:32 PM
wow.. first off I'm going to say a :pray for the family.. Second... geeze, you picked out the bat to use for the game!!!!!!!!! geeze.... don't get sue happy!... Injuries do happen!.... come on now.... they'll never win that one.

The only choice at a lot of places is metal bats.

rcwant2be
05-18-2008, 12:34 PM
The theory is that aluminum bats are lighter in weight so they're easier to swing around, resulting in balls traveling at higher speeds than youth would generally send them.



i think it also has something to do with the physics, in that the aluminum bat compresses more on contact with the ball & is therefore able to transfer more energy to the ball, making the hit go further.

as far as them choosing the bat? no. little league rules dictate the use of aluminum bats.

Lindsey
05-18-2008, 12:44 PM
I think the parents have every right to chose....more injuries occur from aluminum bats than wooden...my dh plays summer ball and enjoys the aluminum bats bc he can hit the ball harder and father than a wooden bat....it's just the way they handle....So for safety reasons I think it all needs to be wooden.....Put yourselves in the shoes of these parents...I don't think you'd be standing idly by saying it was just an accident.....it's easy to say well if they chose to put him in the sport it's the consiquence but there are resonable consequences and unresonable and this is unresonable....

eelo
05-18-2008, 12:46 PM
I think the parents have every right to chose....more injuries occur from aluminum bats than wooden...my dh plays summer ball and enjoys the aluminum bats bc he can hit the ball harder and father than a wooden bat....it's just the way they handle....So for safety reasons I think it all needs to be wooden.....Put yourselves in the shoes of these parents...I don't think you'd be standing idly by saying it was just an accident.....it's easy to say well if they chose to put him in the sport it's the consiquence but there are resonable consequences and unresonable and this is unresonable....

The thing is, who is getting injured, the batters or the infielders? If the batter chooses the bat, s/he's going to choose the one that gives him/her the best hit, and isn't necessarily going to be concerned what happens to the other player who gets hit in the chest with a rocketball. That's what the adults are supposed to worry about.

Lindsey
05-18-2008, 12:50 PM
that's why I'm saying it needs to be all wooden bats so the children don't have to worry about "rocket balls" injuries are still a possibility but not like they occur now with aluminum....

SIMMYBABEZ
05-18-2008, 12:59 PM
Sue happy? I wonder what you would do if your child was in that position. I wonder what you would do if your child's life was taken but then given back to you in shambles. I wonder what you would do if you had to cough up millions of dollars to keep him alive.

As for blaming the parents cos they let him play.. that's bs. Have YOU ever let your child play baseball, softball or teeball? And when you let your child play- did you consciously accept that your child COULD die by playing? No! I bet that didn't even cross your mind. I'm sure you thought a broken wrist would be the maximum extent to any injury your child would recieve while playing.

I cannot imagine what those parents are feeling right now. They have their son, but they don't. They are probably just the average family, living paycheck to paycheck, wondering how they would make ends meet if something unexpected popped up. Well not only do they have to worry about that, but now they have to completely rely on medical insurance. And what happens if that stops? Then they would really really be in the gutter.

I can't blame them ONE bit for wanting to sue. They want to have the medical bills covered, and abit extra which is completely understandable. Afterall, I'm sure atleast one of them has had to give up work to take care of him, and if not- had to pay a nurse to take care of him, that isn't cheap. They deserve compensation.

And someone said it well- there is a reason the pro teams play with wooden bats. If they used metal, the baseballers would be dropping like flies.

April
05-18-2008, 01:12 PM
so blame the little league that allowed the use of the bat

heck, the kid is the one that threw the ball, maybe its his fault

Debra
05-18-2008, 01:13 PM
I agree with the others. I have kids in sports & I completely understand the risk we're taking! And we have dealt with a few issues including DS having 2 concussions, etc. DH & I have both had sports injuries.

The kids are passionate about sports as are DH & I. It's a risk we are willing to take!

However we whave never been in a situation like this so I honestly don't know how I would react!

Valkyrie
05-18-2008, 01:15 PM
Sue happy? I wonder what you would do if your child was in that position. I wonder what you would do if your child's life was taken but then given back to you in shambles. I wonder what you would do if you had to cough up millions of dollars to keep him alive.

As for blaming the parents cos they let him play.. that's bs. Have YOU ever let your child play baseball, softball or teeball? And when you let your child play- did you consciously accept that your child COULD die by playing? No! I bet that didn't even cross your mind. I'm sure you thought a broken wrist would be the maximum extent to any injury your child would recieve while playing.

I cannot imagine what those parents are feeling right now. They have their son, but they don't. They are probably just the average family, living paycheck to paycheck, wondering how they would make ends meet if something unexpected popped up. Well not only do they have to worry about that, but now they have to completely rely on medical insurance. And what happens if that stops? Then they would really really be in the gutter.

I can't blame them ONE bit for wanting to sue. They want to have the medical bills covered, and abit extra which is completely understandable. Afterall, I'm sure atleast one of them has had to give up work to take care of him, and if not- had to pay a nurse to take care of him, that isn't cheap. They deserve compensation.

And someone said it well- there is a reason the pro teams play with wooden bats. If they used metal, the baseballers would be dropping like flies.

I agree 100%

JudyB
05-18-2008, 01:23 PM
so blame the little league that allowed the use of the bat

heck, the kid is the one that threw the ball, maybe its his fault


How could his pitching the ball make it his fault that there was enough force behind it to do the damage that it did?? Honest question here


I think that doing something to force the stop of using metal bats in little league ball is a great idea, even if it means suing the company that makes them. Considering the amount of injuries and deaths related to metal bats that someone would have made a stand for change by now...and that includes the manufacturer.

I do agree though that every parent who enrolls their kids in any type of sport or extra curricular activity should be aware of all the risks and dangers invovled.

I don't feel that we are as sue happy of a nation as we once were though

April
05-18-2008, 01:48 PM
It's kind of like this....

a drunk driver hits your car and your child is seriously hurt. You sue the maker of the car instead of the driver. or the alcohol company

or like with the Quaid twins. they sue the drug maker instead of the nurse who didnt pay enough attention.

people end up making it about the money they could make from the deal. its just sickening to me.

SIMMYBABEZ
05-18-2008, 01:56 PM
It's kind of like this....

a drunk driver hits your car and your child is seriously hurt. You sue the maker of the car instead of the driver.

or like with the Quaid twins. they sue the drug maker instead of the nurse who didnt pay enough attention.

people end up making it about the money they could make from the deal. its just sickening to me.


What I find sick is the fact that you automatically think that they are trying to be greedy rather than smart. They NEED money to help their child. It's not like they are sueing because he got hit in the head, and got a bad headache. NO- their child is almost BRAIN DEAD. There is a HUGE difference.

And yes, I see what you are saying about sueing the company rather than those who are *immediately* responsible, but the fact is; if these bats didn't have so much power, the injuries wouldn't have been so extensive. And that's what they are holding on to, and if you were in their position, would you not be holding on to the very same thing?!

I know I would. It's like how the media portrayed those who were looting after Hurricane Katrina. Like they were the scum of the earth! NO they were trying to survive! SURVIVE. When you trying to survive, you will do anything to try and make it. Well this is what the parents are doing- they want their child to get better, they want their child to be comfortable, they want things to be the closest to normal as they can. They are trying to survive!

Maybe I'm greedy or something, but I would totally do the exact same thing for my child.

browneyedbeauty
05-18-2008, 01:58 PM
It's kind of like this....

a drunk driver hits your car and your child is seriously hurt. You sue the maker of the car instead of the driver. or the alcohol company

or like with the Quaid twins. they sue the drug maker instead of the nurse who didnt pay enough attention.

people end up making it about the money they could make from the deal. its just sickening to me.

With the Quaid twins, it kinda is on the drug company. That stuff is not clearly labeled. That was something my mom dealt with when she was teaching nursing. A lot of drugs have some iffy labels.

JudyB
05-18-2008, 02:05 PM
With the Quaid twins, it kinda is on the drug company. That stuff is not clearly labeled. That was something my mom dealt with when she was teaching nursing. A lot of drugs have some iffy labels.

:yes...the thing with the Quaid twins has turned into a much bigger thing which is made obvious by all the things in the news on it. It's a very good thing that they sued the company

Krisha
05-18-2008, 02:12 PM
so blame the little league that allowed the use of the bat

heck, the kid is the one that threw the ball, maybe its his fault

Exactly when does this stop. When is an accident just an accident? Everyone wants to hold someone else accountable but doesn't hold themselves accountable. If these parents had read their handbooks and release forms it would have been very clear to them that serious injury and/or death could occur. While this is very tragic and I'm sure they'd rather blame anyone but themselves they are in fact the ones who gave written permission for thier child to be put in that situation. :dunno

eelo
05-18-2008, 02:12 PM
:yes...the thing with the Quaid twins has turned into a much bigger thing which is made obvious by all the things in the news on it. It's a very good thing that they sued the company

Not to mention, the Quaids have the wherewithal to bring this lawsuit. Part of the reason they're doing this (I think I read this somewhere) is because there are thousands of people who have similar things happen but who don't have the finances, time, or ability to sue or even fight "the system." The average Joe and Jane Q. Public don't have the time or money to go up against a big corporation; the Quaids do.

eelo
05-18-2008, 02:19 PM
Exactly when does this stop. When is an accident just an accident? Everyone wants to hold someone else accountable but doesn't hold themselves accountable. If these parents had read their handbooks and release forms it would have been very clear to them that serious injury and/or death could occur. While this is very tragic and I'm sure they'd rather blame anyone but themselves they are in fact the ones who gave written permission for thier child to be put in that situation. :dunno

There is a reasonable expectation of reasonable steps being taken to ensure the children are reasonably safe. The whole thing is going to be based on "reasonable man" standards. If there is something in there that indicates a defendant strayed from reasonable guidelines, that's the lawsuit.

Possible things outside "reasonable man" standards:

...The coach may have suggested that the parents get the kid a bat that was designed for a different type of league, with the intent to improve his performance.

...The League may have provided balls or other equipment from a supplier that didn't meet approved safety standards.

...The manufacturer may be using a different type of aluminum compound in order to get a faster/quicker/stronger return off the ball, but neglected to conduct safety testing to ensure the equipment was safe for Little League standards.

...The coach may not have attended the League's designated clinics (which automatically puts the coach and the League in question).

...The game was played on an out-of-specifications field

...could be a ton more possibilities

As you can see, there are any number of ways the coach, league, or manufacturer may be at fault. The parents and players assume a certain amount of risk, but that risk needs to be mitigated by the use of proper equipment, appropriate training, and adequate supervision. If any of those things fell through, there's fault.

*Sarah*
05-18-2008, 02:23 PM
There is a reasonable expectation of reasonable steps being taken to ensure the children are reasonably safe. The whole thing is going to be based on "reasonable man" standards. If there is something in there that indicates a defendant strayed from reasonable guidelines, that's the lawsuit.

Possible things outside "reasonable man" standards:

...The coach may have suggested that the parents get the kid a bat that was designed for a different type of league, with the intent to improve his performance.

...The League may have provided balls or other equipment from a supplier that didn't meet approved safety standards.

...The manufacturer may be using a different type of aluminum compound in order to get a faster/quicker/stronger return off the ball, but neglected to conduct safety testing to ensure the equipment was safe for Little League standards.

...The coach may not have attended the League's designated clinics (which automatically puts the coach and the League in question).

...The game was played on an out-of-specifications field

...could be a ton more possibilities

As you can see, there are any number of ways the coach, league, or manufacturer may be at fault. The parents and players assume a certain amount of risk, but that risk needs to be mitigated by the use of proper equipment, appropriate training, and adequate supervision. If any of those things fell through, there's fault.

wouldnt the bolded fall under the responsibility of the parent? If the coach wasnt trained properly and if the field was out dated I wouldnt let my child play there.

*Christy6*
05-18-2008, 02:38 PM
I am sure that these grief stricken parents are out for money. The medical bills must be through the roof. I may be mistaken but when you sign your children up for Little League you sign a form saying that you can not hold the league responsible for injury. The next logical step would be the manufactuers of the bat.

Poor family!

Krisha
05-18-2008, 02:47 PM
wouldnt the bolded fall under the responsibility of the parent? If the coach wasnt trained properly and if the field was out dated I wouldnt let my child play there.

I guess that would depend on the parent. I make sure to ask what certifications our coaches have and also check out the fields before the kids play on them. Then again our league is awesome with making sure everything from the equipment to the fields are within Little League standards. We purchase our childrens bats, gloves, and protective gear so that we are sure they are new and not abused. Sort of like the whole used car seat thing.

eelo
05-18-2008, 02:58 PM
wouldnt the bolded fall under the responsibility of the parent? If the coach wasnt trained properly and if the field was out dated I wouldnt let my child play there.


No, not by reasonable standards. There is a reasonable expectation of things from Little league, as opposed to something like a Rec league or a group of pick-up games in the ballyard.

If, for example, the League specifies that coaches must have XX amount of hours of training before the season starts, in specific areas, and Coach Jones is two or three hours short of that minimum, and the League still allows Coach Jones to coach, the League is as fault.

Parents have a reasonable expectation that if the League allows a certain person to coach, that person has met all the criteria for coaching. If the League allowed Coach williams to coach for two years and then it came out that Coach Williams not only touched a player inappropriately, Coach williams is also a registered sex offended, and the League still allowed Coach Williams to coach, that League is going to be in some serious legal trouble. The plaintiffs could sue the local league, and the national organization (much like what has happened in the past with Boy Scouts).

*Sarah*
05-18-2008, 02:59 PM
No, not by reasonable standards. There is a reasonable expectation of things from Little league, as opposed to something like a Rec league or a group of pick-up games in the ballyard.

If, for example, the League specifies that coaches must have XX amount of hours of training before the season starts, in specific areas, and Coach Jones is two or three hours short of that minimum, and the League still allows Coach Jones to coach, the League is as fault.

Parents have a reasonable expectation that if the League allows a certain person to coach, that person has met all the criteria for coaching. If the League allowed Coach williams to coach for two years and then it came out that Coach Williams not only touched a player inappropriately, Coach williams is also a registered sex offended, and the League still allowed Coach Williams to coach, that League is going to be in some serious legal trouble. The plaintiffs could sue the local league, and the national organization (much like what has happened in the past with Boy Scouts).


ok well that makes sense

eelo
05-18-2008, 03:00 PM
wouldnt the bolded fall under the responsibility of the parent? If the coach wasnt trained properly and if the field was out dated I wouldnt let my child play there.

Darn this no edit thing.....

This also assumes the parents are able to make the call regarding qualifications and determining who is or isn't qualified, what equipment is or isn't certified, etc. That is unreasonable assumption of risk placed on the parents and removes the risk from the league and the organization, who really, are the ones who should know better.

Debra
05-18-2008, 03:03 PM
I guess that would depend on the parent. I make sure to ask what certifications our coaches have and also check out the fields before the kids play on them. Then again our league is awesome with making sure everything from the equipment to the fields are within Little League standards. We purchase our childrens bats, gloves, and protective gear so that we are sure they are new and not abused. Sort of like the whole used car seat thing.

Same here! Our league is great in regards to safety. All couches have to attend training before they can coach. They also have to wear their certification card around their neck at all games & practices. If they don't have it, they don't coach. And that goes for the assistants as well! When I was team mom a few years ago, I also had to go through the training & I wasn't even a coach.

The parents are also required to provide all equipment except for the jersey. We provide all bats, gloves, batting gloves, helmets with face masks, etc. So that puts the responsibility on the parents! For soccer, we also have to provide the shin guards, etc.

DS starts football in the fall & I have to provide his pads, cup, helmet, etc.

In all of the above, you are given all the requirements & it is up to you to buy them! The umpires do however inspect them before games. As an example, before a soccer game, all players have to stand on the line & they have to hit their shins to show they have shin guards on, etc.

ETA: Sorry, got off topic there for a minute! Once I started going, I just kept on! :hee hee

Debra
05-18-2008, 03:04 PM
Darn this no edit thing.....

You should be able to edit! I just did! :dunno

eelo
05-18-2008, 03:10 PM
Same here! Our league is great in regards to safety. All couches have to attend training before they can coach. They also have to wear their certification card around their neck at all games & practices. If they don't have it, they don't coach. And that goes for the assistants as well! When I was team mom a few years ago, I also had to go through the training & I wasn't even a coach.

The parents are also required to provide all equipment except for the jersey. We provide all bats, gloves, batting gloves, helmets with face masks, etc. So that puts the responsibility on the parents! For soccer, we also have to provide the shin guards, etc.

DS starts football in the fall & I have to provide his pads, cup, helmet, etc.

In all of the above, you are given all the requirements & it is up to you to buy them! The umpires do however inspect them before games. As an example, before a soccer game, all players have to stand on the line & they have to hit their shins to show they have shin guards on, etc.

ETA: Sorry, got off topic there for a minute! Once I started going, I just kept on! :hee hee


Okay, so let me ask you this: If you purchase a cup for your son based on the league's recommendation and the stamp on the packaging that says "Little League Approved and Recommended," and you son wore that cup in a game and received a major injury causing him to lose both his testicles, would you assume that was just the risk inherent in the game?

What if you found out later that the manufacturer, after receiving the "Little League Approval," had changed its manufacturing process which resulted in substandard quality?

You've clearly met your responsibility to do everything reasonable to keep your son safe, but due to someone else's negligence,your son's life has been irrevocably altered. Do you blame the manufacturer for changing supplies and not notifying Little League? Do you blame Little League for not following through on quality control inspection standards?

Ellen
05-18-2008, 03:21 PM
I think it's ridiculous to sue. There is a risk of being hit with a line drive ESPECIALLY as a pitcher.

Krisha
05-18-2008, 03:24 PM
Okay, so let me ask you this: If you purchase a cup for your son based on the league's recommendation and the stamp on the packaging that says "Little League Approved and Recommended," and you son wore that cup in a game and received a major injury causing him to lose both his testicles, would you assume that was just the risk inherent in the game?

What if you found out later that the manufacturer, after receiving the "Little League Approval," had changed its manufacturing process which resulted in substandard quality?

You've clearly met your responsibility to do everything reasonable to keep your son safe, but due to someone else's negligence,your son's life has been irrevocably altered. Do you blame the manufacturer for changing supplies and not notifying Little League? Do you blame Little League for not following through on quality control inspection standards?

I am not Debra but our son was hurt in football three years ago due to his protective gear not doing what it was "supposed" to do. He is only 12 and has a knee of an mid to late aged athlete. We never once thought about suing. If anyone is at fault for our son's injury it is his father and I. We are the ones who allowed him to play football. :dunno

Debra
05-18-2008, 03:40 PM
I am not Debra but our son was hurt in football three years ago due to his protective gear not doing what it was "supposed" to do. He is only 12 and has a knee of an mid to late aged athlete. We never once thought about suing. If anyone is at fault for our son's injury it is his father and I. We are the ones who allowed him to play football. :dunno

I agree! But again, I'm not in the same position as the parents so I can't say 100% that I wouldn't feel differently if I was in that situation.

I just sit & think about the injuries we have sustained & I can't imagine sueing! But again, our injuries were not life threatening!

I had to have knee surgery with torn ligaments, cartilage & had to have my knee cap chiseled down on the back side because I was sliding into home plate in fast pitch & the catcher 'spiked' me in the knee with her cleats. I can't imagine my parents sueing Nike because of the injuries & damage the cleats did to my knee.

I can't imagine sueing the company that makes hockey sticks for the 2 concussions DS received when getting hit in the eyes on 2 seperate occassions.

This is a great topic & it definately makes me think! I am really not sure where I stand totally. I feel for the family! I really do! I just really can no see myself sueing the manufactor. And I pray I never have to make that decision!

eelo
05-18-2008, 04:06 PM
I am not Debra but our son was hurt in football three years ago due to his protective gear not doing what it was "supposed" to do. He is only 12 and has a knee of an mid to late aged athlete. We never once thought about suing. If anyone is at fault for our son's injury it is his father and I. We are the ones who allowed him to play football. :dunno

I'm sorry your son got hurt. That sucks.

this is a choice you and your family made. Others made different choices.

MamaMia
05-19-2008, 04:11 AM
I think it comes down to care. Their son will need full time care for the rest of his life. If metal bats are known to be more dangerous why use them. Maybe by them suing it will change the laws and make it a little safer for the other kids who are or will be playing.