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Mets fan sues over broken bat injury

Posted on 8/9/10 at 6:56 pm
Posted by beaver
The 755 Club
Member since Sep 2009
46861 posts
Posted on 8/9/10 at 6:56 pm
quote:

NEW YORK, N.Y. - A New York Mets fan who says a shattered bat smashed him in the face in the Shea Stadium stands is suing the team and Major League Baseball, claiming they didn't do enough to protect fans from break-prone maple bats. James G. Falzon's lawsuits follow years of discussion of the safety of maple baseball bats, which have become increasingly popular but have been shown to break apart more readily than traditional ash bats. Falzon was in a box seat along the third-base line, watching a fly ball soar, when the barrel of a broken maple bat flew into his face during an August 2007 Atlanta Braves game at the Mets' former home, according to lawsuits he filed Friday in Manhattan.


LINK
Posted by LSUzealot
Napoleon and Magazine
Member since Sep 2003
57656 posts
Posted on 8/9/10 at 6:57 pm to
there's a notice on the back of his ticket...
Posted by glassman
Next to the beer taps at Finn's
Member since Oct 2008
118234 posts
Posted on 8/9/10 at 6:57 pm to
Sounds pretty clear cut to me. Any attorneys want to chime in?
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 8/9/10 at 6:57 pm to
What a fricking moron. Don't go to the game if you don't want to get hit with the bat.
Posted by tduecen
Member since Nov 2006
161246 posts
Posted on 8/9/10 at 6:59 pm to
I would have kept the bat
Posted by Buckeye Fan 19
Member since Dec 2007
36590 posts
Posted on 8/9/10 at 6:59 pm to
Why is he suing THREE YEARS LATER?
Posted by beaver
The 755 Club
Member since Sep 2009
46861 posts
Posted on 8/9/10 at 7:00 pm to
I'm sure he had a few pieces he could've kept in his face
Posted by TexasTiger08
Member since Oct 2006
30093 posts
Posted on 8/9/10 at 7:00 pm to
At a minor league game in Corpus Christi, Mike Moustakas hit a fan with a broken bat, and the same shite is going on down here. The fan is suing both teams, and the player.

The back of the ticket has warnings, signs in the stadium are posted, and it is warned over a loudspeaker.

Then the douche gets on the local news, waves the bat around (that Moustakas LET him keep) and claims it's a deadly weapon.

So if this flies, does it mean I can go to the dude's office, fall on a pen and get stabbed, and say that is a deadly weapon?
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 8/9/10 at 7:01 pm to
Because he's a money hungry piece of shite. People act like the entire world should be bubble wrapped. Everything you do has inherit risk.
Posted by Buckeye Fan 19
Member since Dec 2007
36590 posts
Posted on 8/9/10 at 7:02 pm to
quote:

Because he's a money hungry piece of shite. People act like the entire world should be bubble wrapped. Everything you do has inherit risk.


I meant why did he wait so long.
Posted by tduecen
Member since Nov 2006
161246 posts
Posted on 8/9/10 at 7:04 pm to
He is still scared of baseball and can not leave home
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 8/9/10 at 7:05 pm to
Because his moneyhungriness (wow thats not a word but who cares) is only surpassed by his stupidity and lack of punctuality.
Posted by medtiger
Member since Sep 2003
21991 posts
Posted on 8/9/10 at 7:12 pm to
Damnit, man, this shite pisses me off to no end. And the person that pisses me off the most is the fricking plaintiff's attorney who probably witnessed the shite go down, and followed this dude around for 3 years encouraging him to sue.

I'm no lawyer, but this case should be cut and dry as long as the Mets and MLB have copies of tickets from that game and can prove that the disclaimer was printed on the back. This dude should get nothing out of this case, but the wonderful civil legal process in this country will probably make it cheaper for MLB to settle with the pair of douchebags.
Posted by Them
Metry
Member since Nov 2008
11371 posts
Posted on 8/9/10 at 7:13 pm to
quote:

Mets fan sues over broken bat injury


What a prick. You brag about an injury like that, not bitch about it.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 8/9/10 at 7:14 pm to
Won't be though. Take it from someone's mom and dad who are in the insurance business. It is so stacked in the plaintiff's favor. They fill the box with the stupidest POS's known to man, and then rail on the insurance companies. If you've ever noticed, there are no insurance commercials talking about how certain lawyers are ambulance chasers and stuff, because they get their shite sued AND its illegal.
Posted by xiv
Parody. #AdminsRule
Member since Feb 2004
39508 posts
Posted on 8/9/10 at 7:17 pm to
I have tickets to Fenway in my hand, and the fine print specifically says "flying bats" and says that the ticket holder is responsible for his own injuries.

I wonder what this man's ticket said? If it didn't specifically say "flying bats," maybe he has a case. That is, how is he supposed to know that bats fly more than 100 feet?

Or maybe this: maybe he had tickets in one section but was permitted to sit in another section by an usher (probably not, but let's play make-believe). He isn't the ticket-holder for that seat, so maybe he has a case there...

Not that I agree with him--I'm just trying to come up with something.
Posted by medtiger
Member since Sep 2003
21991 posts
Posted on 8/9/10 at 7:25 pm to
quote:

the fine print specifically says "flying bats" and says that the ticket holder is responsible for his own injuries.


There are ways around disclaimers like this, as there should be in some cases. For instance, if you park in a parking garage, most tickets will say "not responsible for damage to your car from theft, fire, etc." However, that technically gives the parking garage owners/workers to steal from or set fire to your car. Obviously, they don't have that right. Maybe that disclaimer on MLB tickets is in the same class as that disclaimer.

The biggest issue I have about things like this is that no one intentionally or even negligently caused this guy's injuries. If anyone was negligent, it was the guy sitting in the box seats, not noticing that a piece of bat was heading towards his head (sorry, if he was really watching the game, he would have noticed the broken bat more than the fly ball that came off that broken bat). Sometimes, shite happens. People are so lawsuit happy nowadays, mainly because of the abundance of lawyers running around telling everyone to sue.
Posted by beaver
The 755 Club
Member since Sep 2009
46861 posts
Posted on 8/9/10 at 7:28 pm to
When I was like 10 I went to a Braves-Cubs game

I was watching batting practice from the front row on the third base side and was fricking around not paying attention

took a foul ball off a bounce to the right eye...got a black eye...wore that shite with pride to my elementary school the next day
Posted by xiv
Parody. #AdminsRule
Member since Feb 2004
39508 posts
Posted on 8/9/10 at 7:32 pm to
quote:

(sorry, if he was really watching the game, he would have noticed the broken bat more than the fly ball that came off that broken bat).
No way. I can walk across the street and not notice a van coming my way (that's why we intentionally look both ways before crossing the street); certainly a guy can fail to notice chunk of wood coming from the 3-o'clock position.
Posted by bayou2003
Mah-zur-ree (417)
Member since Oct 2003
17646 posts
Posted on 8/9/10 at 7:35 pm to
quote:

At a minor league game in Corpus Christi, Mike Moustakas hit a fan with a broken bat, and the same shite is going on down here. The fan is suing both teams, and the player.


I'm an hour from where he plays. He'll be a hell of a player for the ROYALS if they can keep him.
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