The Mets are having a horrible year. By all accounts, the Mets are pretty well finished for the season already on August 9. The odds they would have to overcome to even have a winning season at this point seem like dreams. Nothing like kicking them when they’re down.
James Falzon who was hit in the face with shards of a flying maple bat at a Mets game in August 2007 has decided to file a lawsuit. And not just any lawsuit. Falzon is suing the Mets, MLB, the Jarden Corp (they own Rawlings), Luis Castillo, and Ramon Castro. Falzon who suffered multiple facial fractures, a broken nose, busted teeth and a smashed jaw says that maple bats are more likely to shatter than ash bats.
In 2006, MLB considered banning maple bats and also extending safety netting to better protect players and spectators. The study done in 2006 is used as material for the lawsuit.
According to reports Falzon had considered suing the city of New York for 5.5 million in 2008. There is no report however if the suit was ever filed.
So, three years hence from the bat incident, Falzon decides to sue everyone except the city of New York. Refresh my memory, but don’t most baseball games either through announcement or on the backs of tickets clearly state that the spectator assumes all responsibility for flying objects – bats, balls, etc.? I know they make that announcement several times at the minor league games I attend here in town. Which begs the question, how can you even file suit? Claiming the bat is defective? The batter is defective? The Mets are defective? Wait, strike that one.
I have a feeling this lawsuit will be thrown out. Spectator assume inherent risk of foul balls and other flying objects when they attend games. All bats can shatter. Foul balls reach the stands at an astounding speed. It’s just the nature of the game. This guy should drop this suit. It’s just not fair to kick them when they’re down.
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