A New York Mets fan is suing the baseball team, Major League Baseball and the player whose bat shattered and hit him, according to an Associated Press article republished by Sports Illustrated. The bat in question was made from maple, which has been a subject of debate because of the wood's propensity to shatter upon impact.
Plaintiff James Falzon suffered numerous facial fractures when the shattered maple bat of Mets player Luis Castillo flew into his face during a 2007 game at Shea Stadium, according to the suit filed in Manhattan. He said his 11-year-old son was traumatized by the incident.
It has long been known by both fans and baseball insiders that maple bats are three-times as likely to shatter as the more-common ash bats.
The league investigated the use of maple bats, which many believe pound more home runs, but did not ban their use; James Falzon's New York personal injury lawyer likely will make that a central point in his litigation of the case.
After the 2008 season, Major League Baseball set new maple bat production standards requiring manufacturers to track breakage rates of different types of bats and to indicate how straight the wood grain is. The straighter the grain, the less likely the bat is to shatter.
The league said the broken-bat rate has been cut nearly in half since the new standards were put into place.
James Falzon's suit also names the Jarden Corp., which manufactured the bat, and the bat's owner who lent it to Luis Castillo, then-Mets catcher Ramon Castro, as defendants. None of them spoke with AP reporters about the lawsuit.
Major League Baseball, meanwhile, states on game tickets that fans assume the risk for accidents related to the game, specifically foul balls and broken bats.
Related Resources:
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Fan Sues New York Mets Over Maple Bat Injury (Bleacher Report)
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Baseball Fan Hits $10K Home Run in Yankee Stadium Potty Break Lawsuit (FindLaw's Courtside Blog)
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