Monday, May 19, 2008

Are aluminum bats an unreasonably dangerous product?

The Tort Law Professor blog has details (and links) regarding a products liability lawsuit filed over an injury to a little league baseball player hit in the chest by a batted ball against, among other defandants, the manufacturer of the bat.

Under the "risk-utility" test for products cases, the plaintiff will have to show that the "usefulness" of the bat's design (aluminum, as opposed to wood), is not outweighed by the higher risks to players in the field that aluminum bats pose.

An interesting case to watch.

UPDATE (7:38 pm): A sympathetic Jeff Standen (The Sports Law Professor), in a wonderful post, predicts the case will fail.

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