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Something Bad Happen? No worry! Just sue a company! [message #331091] Sun, 18 May 2008 20:15 Go to next message
cheesesoda is currently offline  cheesesoda
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http://nbcsports.msnbc.com/id/24682296/

Don't get me wrong, this story is sad. A little league pitcher was struck by a line-drive and is now severely disabled with brain damage.

However, his parents are suing the makers of the aluminum baseball bat. It... it's absolutely absurd. There are clear dangers in a sport where a ball is being hit at high speeds when there is no real protection on the players.

I understand the concern on the safety of the sport. It's just asinine to start blaming companies for producing a product that is only indirectly responsible for the injury. I played baseball for 3 years, and I never was injured or knew of anybody with any serious injury. The fact that an accident happens is not the fault of the manufacturer. It's not even the fault of the players, in this case. It's just an example of a horrible accident.

Even if switching to wooden bats from aluminum would help, it still doesn't change the fact that the people involved in the sale and production of the equipment should not be blamed for an accident. Accidents like this should raise concern and cause public discussions and progress towards safer (yet efficient) equipment. It's easy enough to talk to the directors of the leagues and get these things changed. Bringing in the court system because you're wanting damages for an ACCIDENT (with, again, no real person/entity to blame).

Unfortunately, this isn't just an isolated case in people blaming companies for accidents caused by an unfortunate situation or the ignorance and carelessness by the consumer. Most dangers in products are logical consequences. A baseball being hit at high speeds will cause injury if it hits someone. A hot cup of coffee will burn someone if spilled onto clothing or skin. It's time that people, especially moronic fellow-Americans, take up the concept of personal responsibility. Accept the natural consequences of these situations and move on. I don't mean to trivialize these tragic accidents, but it's just a part of life. Unless there was faulty equipment caused by an oversight by a corporation, the corporations should not be held accountable.


whoa.
Re: Something Bad Happen? No worry! Just sue a company! [message #331092 is a reply to message #331091] Sun, 18 May 2008 20:18 Go to previous messageGo to next message
Canadacdn is currently offline  Canadacdn
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PLECOS MASTER
Americans and lawsuits go together like douchebags and ramjet rifles.
Re: Something Bad Happen? No worry! Just sue a company! [message #331094 is a reply to message #331091] Sun, 18 May 2008 20:40 Go to previous messageGo to next message
liquidv2 is currently offline  liquidv2
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people can sue people for basically anything, what matters is if it's actually taken seriously
i hope they get nothing from this because it is indeed ludicrous
it sucks that it happened to him, but the blame is in the wrong place


liquidv2
Re: Something Bad Happen? No worry! Just sue a company! [message #331095 is a reply to message #331091] Sun, 18 May 2008 20:48 Go to previous messageGo to next message
cheesesoda is currently offline  cheesesoda
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I have no problem with the fact that people can sue others for the stupidest of things, as long as the courts don't waste tax payer money and throw out the lawsuits. My problem is just with the people behind the lawsuits. It's these people that blatantly ignore the concept of personal responsibility and will blame everybody but themselves.

It's just funny that these parents care so much about their child's health AFTER this accident happened. If they are this concerned over the safety issues caused by metal bats, perhaps they should have been BEFORE this incident.


whoa.
Re: Something Bad Happen? No worry! Just sue a company! [message #331097 is a reply to message #331091] Sun, 18 May 2008 21:47 Go to previous messageGo to next message
nikki6ixx is currently offline  nikki6ixx
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I remember years ago when I was in 'little league' , parents expressed concern about aluminum bats, and how they'd make the ball go a bit faster. I also remember something about 'capped bats' or something of that nature that caused concern.

Metal bats last a long time, saving cash-strapped leagues money, and actually give kids a chance to swing the damn thing; seeing eight year-old's swing around a maple bat is painful to watch. I remember using a bat similar to the TPX before I went into Bantam, and that thing was surprisingly light: you could hit one out of the park with one hand if you wanted.

It's a real shame about the kid, but suing the manufacturer is just dumb. Still, you can't exactly blame them either... the amount required to rehabilitate the kid, and keep him functioning is astronomical, and that's a bill Mom and Dad won't be able to pay.


Renegade:
Aircraftkiller wrote on Fri, 10 January 2014 16:56

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Re: Something Bad Happen? No worry! Just sue a company! [message #331131 is a reply to message #331091] Mon, 19 May 2008 03:11 Go to previous messageGo to next message
Zion is currently offline  Zion
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*sigh*

That's America for you... Huh
Re: Something Bad Happen? No worry! Just sue a company! [message #331136 is a reply to message #331092] Mon, 19 May 2008 04:08 Go to previous messageGo to next message
sadukar09 is currently offline  sadukar09
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Canadacdn wrote on Sun, 18 May 2008 22:18

Americans and lawsuits go together like douchebags and ramjet rifles.

Canadian woman with no common sense+Mcdonald's coffee+Put on lap=Burn+Lawsuit against Mcdonald's for not warning her it's hot. Thus why now all coffee cups in Canada will say it's....hot.

Retarded student wanting free stuff+Vending Machine+Shaking Vending Machine=Vending Machine crashing on top of student=Death. Parents sue Vending Machine company, thus now why Vending machine now warning you, if rocked, can cause injury or death.


Quote:

[19:16:48] <APBBR> @ryan3k: THE ENFIELD DEFIES THE LAWS OF PHYSICS BECAUSE THE BULLETS INSTANTLY HIT THEIR TARGETS LOL
[19:16:52] <APBBR> @ryan3k: CHRONO TECHNOLOGY IN TEH BULLETS


Quote:

[22:48]<APBBR> @V0LK0V: AOL COMING UR WAI K
[22:48] <APBBR> Host: Quitting due to Westwood Online connection loss.

Re: Something Bad Happen? No worry! Just sue a company! [message #331145 is a reply to message #331136] Mon, 19 May 2008 04:53 Go to previous messageGo to next message
Ryu is currently offline  Ryu
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sadukar09 wrote on Mon, 19 May 2008 12:08

Canadacdn wrote on Sun, 18 May 2008 22:18

Americans and lawsuits go together like douchebags and ramjet rifles.

Canadian woman with no common sense+Mcdonald's coffee+Put on lap=Burn+Lawsuit against Mcdonald's for not warning her it's hot. Thus why now all coffee cups in Canada will say it's....hot.

Retarded student wanting free stuff+Vending Machine+Shaking Vending Machine=Vending Machine crashing on top of student=Death. Parents sue Vending Machine company, thus now why Vending machine now warning you, if rocked, can cause injury or death.


Woman sues American school board of education because her daughter now has "physiological problems" after watching Broke Back Mountain.

6 million dollars was won, But who got hurt? the girl and her parents who are clearly homophobic or millions of kids whos' education is damaged because they couldn't afford the latest text books and new computers, school repairs and lab equipment?

You decide.


Presence is a curious thing, if you think you need to prove it... you probably never had it in the first place.
Re: Something Bad Happen? No worry! Just sue a company! [message #331216 is a reply to message #331145] Mon, 19 May 2008 16:13 Go to previous messageGo to next message
BlueThen is currently offline  BlueThen
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Seriously, there's a risk in almost all sports.
Re: Something Bad Happen? No worry! Just sue a company! [message #331267 is a reply to message #331216] Tue, 20 May 2008 07:00 Go to previous messageGo to next message
Starbuzz is currently offline  Starbuzz
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They should sue the ball manufacturers as well. Sarcasm

buzzsigfinal
Re: Something Bad Happen? No worry! Just sue a company! [message #331270 is a reply to message #331091] Tue, 20 May 2008 07:06 Go to previous messageGo to next message
cheesesoda is currently offline  cheesesoda
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I'm sure that lawsuit is pending.

whoa.
Re: Something Bad Happen? No worry! Just sue a company! [message #331273 is a reply to message #331270] Tue, 20 May 2008 07:37 Go to previous messageGo to next message
Starbuzz is currently offline  Starbuzz
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If the parents feel like blaming someone, they will have to look at the batter kid who hit the ball Sarcasm and/or the Little League Baseball people who made the decision to use the metal bats. Then again the hypocricy of it all is that, according to the article, there is no proof wooden bats would have made the difference.

A ball hit the boy with force. That is the cause of the accident. And when this happens in a sport that has a history of such incidents, then nobody is responsible.

The lawsuit will fail. What pisses me off is how the marketing strategies of the bat manufactures are brought into this natural tragedy.


buzzsigfinal

[Updated on: Tue, 20 May 2008 09:03]

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Re: Something Bad Happen? No worry! Just sue a company! [message #331280 is a reply to message #331091] Tue, 20 May 2008 08:20 Go to previous messageGo to next message
cheesesoda is currently offline  cheesesoda
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The funniest thing about this whole lawsuit is that they're suing the sports retailer, as well. Apparently, they didn't warn of the "dangers" of the equipment, but I think the dangers are pretty much common-fucking-sense. Any ball with a high velocity is going to hurt when it impacts flesh. That's a pretty simple concept to grasp.

The parents really are making this story less tragic than it is. You want to feel nothing but sympathy for the kid, but then you just want to hit the parents over the skull with a baseball bat. Perhaps, I'd be nice and use a wooden bat.


whoa.
Re: Something Bad Happen? No worry! Just sue a company! [message #331288 is a reply to message #331091] Tue, 20 May 2008 09:45 Go to previous messageGo to next message
warranto is currently offline  warranto
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Sneaks in...

Posts a link

Or two

Sneaks out...
Re: Something Bad Happen? No worry! Just sue a company! [message #331314 is a reply to message #331091] Tue, 20 May 2008 13:54 Go to previous messageGo to next message
NukeIt15 is currently offline  NukeIt15
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Colonel
I'm sorry, but did anybody catch this bit?

Quote:

Less than two years ago, Domalewski was a happy, healthy star pitcher on a youth baseball team coached by his father.


Another thing is suspicious here-

Quote:

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.


Are we missing something here? The entire purpose of CPR is to keep blood flowing and delivering oxygen until the heart either restarts on its own or proper medical attention can be given. Now, for this to happen one of three things must be true:

A. They (the father and the other "helpers' on-scene) waited longer than is implied to begin proper first aid.

B. First aid (CPR) was administered improperly, or someone interfered with it.

C. Additional internal injury was caused on impact, obstructing or restricting blood flow to the brain.

I wouldn't be at all surprised if somebody had waited until the kid started turning blue to realize that something was horribly wrong. Maybe the first person to get to him didn't check for a pulse? Here's the kicker- we have here a team sport, and those active in team sports have been known to sustain injury, including cardiac arrest from a variety of causes. Why was there nobody on standby able to administer CPR right away? Why wasn't the coach trained in CPR? To me, this looks an awful lot like a man trying to deflect the blame away from where it should properly rest- as someone in a position of responsibility for his entire team, why didn't he make sure somebody was available who could administer first aid if necessary? Why did the first person able to give CPR have to be someone who was apparently in no way involved with the sporting event? If anyone is to blame at all, it's the father, for not taking enough precautions for the safety of the team which was his responsibility. Now his son has suffered for his oversight and he's desperate to blame anybody but himself.


"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. Horrid mischief would ensue were (the law-abiding) deprived of the use of them." - Thomas Paine

Remember, kids: illiteracy is cool. If you took the time to read this, you are clearly a loser who will never get laid. You've been warned.

[Updated on: Tue, 20 May 2008 13:55]

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Re: Something Bad Happen? No worry! Just sue a company! [message #331326 is a reply to message #331314] Tue, 20 May 2008 15:07 Go to previous messageGo to next message
Homey is currently offline  Homey
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NukeIt15 wrote on Tue, 20 May 2008 16:54

I'm sorry, but did anybody catch this bit?

Quote:

Less than two years ago, Domalewski was a happy, healthy star pitcher on a youth baseball team coached by his father.


Another thing is suspicious here-

Quote:

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.


Are we missing something here? The entire purpose of CPR is to keep blood flowing and delivering oxygen until the heart either restarts on its own or proper medical attention can be given. Now, for this to happen one of three things must be true:

A. They (the father and the other "helpers' on-scene) waited longer than is implied to begin proper first aid.

B. First aid (CPR) was administered improperly, or someone interfered with it.

C. Additional internal injury was caused on impact, obstructing or restricting blood flow to the brain.

I wouldn't be at all surprised if somebody had waited until the kid started turning blue to realize that something was horribly wrong. Maybe the first person to get to him didn't check for a pulse? Here's the kicker- we have here a team sport, and those active in team sports have been known to sustain injury, including cardiac arrest from a variety of causes. Why was there nobody on standby able to administer CPR right away? Why wasn't the coach trained in CPR? To me, this looks an awful lot like a man trying to deflect the blame away from where it should properly rest- as someone in a position of responsibility for his entire team, why didn't he make sure somebody was available who could administer first aid if necessary? Why did the first person able to give CPR have to be someone who was apparently in no way involved with the sporting event? If anyone is to blame at all, it's the father, for not taking enough precautions for the safety of the team which was his responsibility. Now his son has suffered for his oversight and he's desperate to blame anybody but himself.

I totally agree. That's one of your responsibilities as a coach, to know CPR or at least have someone there in case something happens. I guess there aren't enough details to really say.


Homey
Re: Something Bad Happen? No worry! Just sue a company! [message #331334 is a reply to message #331091] Tue, 20 May 2008 16:13 Go to previous messageGo to next message
jnz is currently offline  jnz
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It takes 1 minute to start getting brain damage, if there is no blood flow. That is ample time to even try to give CPR. We all know how to do it, we've all at least seen it on TV and know how it works. Looks to me like everyone just gathered round him and did nothing.

If that ever happened to me, and my heart stopped for enough time to give me brain damage I would want to it to stay stopped. That's not a life to live and someone has to pay the £Ms for me.
Re: Something Bad Happen? No worry! Just sue a company! [message #331395 is a reply to message #331334] Wed, 21 May 2008 10:24 Go to previous messageGo to next message
Starbuzz is currently offline  Starbuzz
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RoShamBo wrote on Tue, 20 May 2008 18:13

If that ever happened to me, and my heart stopped for enough time to give me brain damage I would want to it to stay stopped. That's not a life to live and someone has to pay the £Ms for me.


Exactly...I feel very very bad for this guy. So young and can't even walk outside all by himself. And no Renegade as well.

If this were to happen to me, I would just limp my way to the best of my abilities to some cliff and drop. Because I would become a unnecessary time/money-draining burden on my family and they would not deserve it.

It's either a full life or no life...no half-life. I speak for myself.


buzzsigfinal
Re: Something Bad Happen? No worry! Just sue a company! [message #331398 is a reply to message #331091] Wed, 21 May 2008 10:55 Go to previous messageGo to next message
warranto is currently offline  warranto
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(I disagree... half-life is not such a bad way to live... assuming you are a Free-man.)

Heh, while it may not be a life you see for yourself now, things may change before then, or even after the incident.

Part of my bioethics course was on the justification of Personal Directives (living wills)... and its surprising how tough it can get to make the right choice when someone's life is in your hands and what their wishes may be at the time their life is threatened and what their life would be like after.

Anyway, off topic, I know... just an amusing one since the idea of living wills was brought up - at least indirectly.
Re: Something Bad Happen? No worry! Just sue a company! [message #331413 is a reply to message #331091] Wed, 21 May 2008 12:26 Go to previous messageGo to next message
NukeIt15 is currently offline  NukeIt15
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Colonel
Quote:

I disagree... half-life is not such a bad way to live... assuming you are a Free-man.


warranto, you're a bad, evil human being... and I laughed my ass off at that. Very Happy

Quote:

Part of my bioethics course was on the justification of Personal Directives (living wills)... and its surprising how tough it can get to make the right choice when someone's life is in your hands and what their wishes may be at the time their life is threatened and what their life would be like after.


I remember that part from a Bioethics course I took back in high school- and now I'm almost certainly going to face just that sort of situation in the coming years. It's one thing for it to happen suddenly, like in this case, but we're talking long and drawn out- alzheimer's, to be specific. I already know what the decision will have to be; it's already been discussed and agreed upon... but I've got no delusions that it's going to be any easier when the time comes because of that. Whenever there's a strong emotional attachment, that changes things- many beliefs and opinions that we hold as sacred have a way of switching themselves around when we run into terrible choices and just can't let go.

H O W E V E R . . .

That's never an excuse for just brushing aside one's own responsibility. You make your choices, and you live with them- and if those choices bring about terrible consequences, then you man up and fucking deal with them. If there's any shred of humanity in you, then no amount of money will ever make the pain go away; blaming others is no better than crawling inside a bottle , and has the added impact of dragging others- often people innocent and uninvolved- down with you. Denial is a stage of grief, and part of a perfectly normal coping mechanism- but clinging to that denial and relying on it for support can only do greater harm. If that's whats happening than I pity the poor bastard for not having the courage to face reality- but if he's actually drawing some sick satisfaction from it, then he is beneath contemptible.


"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. Horrid mischief would ensue were (the law-abiding) deprived of the use of them." - Thomas Paine

Remember, kids: illiteracy is cool. If you took the time to read this, you are clearly a loser who will never get laid. You've been warned.
Re: Something Bad Happen? No worry! Just sue a company! [message #331419 is a reply to message #331091] Wed, 21 May 2008 13:36 Go to previous messageGo to next message
warranto is currently offline  warranto
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Heh, I'm a Philosophy major at university... it's hard for me to get out of that mode.

Quote:

You make your choices, and you live with them


Believe me, I am the first to push for this.

Quote:

Denial is a stage of grief, and part of a perfectly normal coping mechanism


True, but its not always a case of denial, but the intention to fight on and survive... even if the odds are against you. A standard argument against "dying early" regardless of the means or reasons is that a cure for what you have may be found tomorrow. Give up now and you will assuredly die... hold of and fight on to survive another day and you may live.

Re: Something Bad Happen? No worry! Just sue a company! [message #331445 is a reply to message #331091] Wed, 21 May 2008 20:19 Go to previous messageGo to next message
NukeIt15 is currently offline  NukeIt15
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Colonel
I wasn't talking about the person who's actually dying- I was talking about the people who have to sit there and watch them die. Sometimes, we want closure when there just isn't any to be had. From there, the only two possibilities are to accept what is- knowing full well that you may never understand why or how- or turn to destructive means of denying reality (abusing drugs/alcohol, suing everybody in sight, etc). Watching a loved one fade away, especially before their time, is wrenchingly difficult- we always want to believe that there is something more that we or someone else can do (or could have done) to prevent the inevitable, but sometimes that just isn't so. It takes strength to move past that denial towards acceptance; it often takes the help of another to take that step- and some just can't seem to make it at all.

This is even more the case when it comes to preventable tragedies like this one- when all it comes down to in the end is a simple oversight or an error of barely a few moments- where the worst that anybody could truthfully be accused of is negligence, which we all at one point or another have been guilty of. In this case, all that we've seen so far points to negligence by the father, who was also the coach and the party responsible for taking precautionary measures to prevent tragedies like what happened to his son.

What I'm saying is that either this was a horribly tragic accident, and a grieving parent is lashing out in the vain hope of finding some closure by placing the blame (and hoping somebody will accept it)... or this is what happens when a man knows that he has made a terrible mistake and directs the blame at others to avoid the shame of scrutiny. I can find sympathy for the former; the latter represents the worst sort of cowardice.


"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. Horrid mischief would ensue were (the law-abiding) deprived of the use of them." - Thomas Paine

Remember, kids: illiteracy is cool. If you took the time to read this, you are clearly a loser who will never get laid. You've been warned.
Re: Something Bad Happen? No worry! Just sue a company! [message #331512 is a reply to message #331091] Thu, 22 May 2008 09:00 Go to previous messageGo to next message
warranto is currently offline  warranto
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My mistake then.

As far as what you say though, I completely agree.
Re: Something Bad Happen? No worry! Just sue a company! [message #332582 is a reply to message #331091] Fri, 30 May 2008 13:56 Go to previous message
Ma1kel is currently offline  Ma1kel
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Colonel
The problem is that the law is very retarded in it's complexity which also has to do with the politicians being bribed by companies to make the law join their side and none actually doing anything to change the law on it.


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