Mets Lawsuit
A New York Mets fan, James Falzon, has filed a lawsuit against the Mets, Major League Baseball, the Rawlings bat company and others for a serious injury he sustained when a bat shattered, during a game, and he was struck in the face. The incident was devastating for Falzon. He claims his face was "broken", with a broken eye socket, broken nose, and massive bleeding. After the incident, Falzon needed permanent metal plates inserted into his face.
Now, at first, I thought this lawsuit was pretty much a publicity stunt, as there is no real case against the Mets or MLB. Fans assume certain risks when they go to a sporting event such as a ball going into the stands.
But the case against the bat manufacturer is much more interesting. The plaintiff, Falzon, claims that Rawlings knew the maple bats that it was making were much more prone to crack and explode then traditional ash bats. In fact, Falzon claims Rawlings had a 2005 study that showed it's bats were dangerous.
What Falzon's lawyers are doing a setting up a products liability case that could affect all sports. I'm still not sure this case will survive but if it does, the old assumption of the risk doctrine, in certain circumstances, maybe needing some legal clutch hitting to prevail.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.