Torts Gone Wild: Liability for the “Increased Exit Speed” of Aluminum Baseball Bats

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The downside to the fact that aluminum bats work better than wood bats is, apparently, a dozen million dollars or so in damages, if you are the bat manufacturer. The maker of Louisville Sluggers has had a run of bad days in court, paying $850,000 to a boy who was killed by a ball hit by one of its aluminum bats, and settling for $14.5 million with one who was injured.

Now, Louisville Slugger caught a break. On post-trial motions, the court overturned a $951,000 jury verdict, finding that “Fewer players would be injured if Little Leaguers used foam-rubber bats, but it doesn’t reasonably follow that manufacturers of wooden bats would then be liable for imparting “increased exit speed” to the ball.”

Read Baseball Bat Manufacturer Has Good Day in Court, At Last on Abnormal Use.

Sam Glover has been writing about law practice technology, management, marketing, and other stuff on Lawyerist since 2007. He consults on appeals and motion practice in his solo practice. When he isn't blogging or lawyering, Sam drinks espresso and plays with fountain pens.