The Cochran Firm Legal Blog

The family of an 18-year-old killed during a Helena, Montana baseball game has been awarded $850,000 by a jury. The jury found the maker of the Louisville Slugger baseball bat did not adequately warn about the dangers the bat posed. The family contends the aluminum bat makes the ball travel at a greater speed. As a result, their son did not have time to protect himself before he was struck in the head while pitching in 2003.

The $850,000 award includes $792,000 to the victim for his lost earnings, pain and suffering, and another $58,000 awarded to his family for their pain and suffering. The victim's amount will go to his estate. The judge in the case is still considering punitive damages.

The family said they never expected the amount they were awarded and were more interested in getting the truth of what happened out and to raise awareness that aluminum bats should be considered a dangerous product and the hope that more youth leagues will use wooden bats instead. The jury decided the bat was not a defective product, but a warning label should have been provided.

Attorneys for the manufacturer argued this was a tragic accident, but that accidents happen in sports. A sporting trade group said much the same thing and added the same event could have occurred with a wooden bat. However, many amateur teams have started using wooden bats after the death of the Montana victim.

Other suits are pending against the manufacturer. In 2006, a New Jersey 12-year-old suffered brain damage when he was struck by a line drive hit off an aluminum bat. That suit is pending in New Jersey Superior Court. Another family in Oklahoma won their verdict against the company and was awarded damages after a teenage pitcher was hit in the head, suffering severe injuries.

If your child has been injured by a baseball hit off an aluminum bat, please contact the experienced defective product attorneys at the Cochran Firm today. We serve clients nationwide.

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