After tragic accidents occur, sometimes the only remedy is a Chicago personal injury lawsuit to help the victim and the victim’s family pay for medical bills, recover lost wages, and send a message to the wrongdoer that his or her behavior was unacceptable.
Although any Chicago personal injury lawyer would attest that the best injury is one that is avoided before it occurs, our attorneys were pleased to hear that justice was achieved for a teenage boy who was left brain-damaged after being struck by a line drive off a metal bat while he was playing in a youth baseball game. According to FOX news, the boy and his family will receive $14.5 million to settle his lawsuit against the bat manufacturer, Little League Baseball and a sporting goods chain.
The family’s claim against Louisville Slugger – the bat manufacturer – was that the metal bat was unsafe inasmuch as baseballs could deflect off of it at much faster speeds than they would with wooden bats. Although the settlement precluded either party from discussing its details – including whether any of the defendants admitted liability – the teenager’s family will receive enough money to ensure that the boy will be able to afford the lifetime care he will require as a result of this tragic accident.
At the time of the incident, the young man was pitching when the batter rocketed a line drive off the metal bat he was swinging, reported FOX news. The ball had struck his chest at the precise millisecond between heartbeats, sending him into cardiac arrest. Although paramedics arrived at the scene within minutes, placed an oxygen mask over his face and rushed him to a hospital, his brain had been without oxygen for 15 to 20 minutes causing serious permanent brain damage.
When corporations manufacture a product, they have the responsibility of ensuring its safety before the product is put on the market and sold to consumers. When a company makes a product that is defective or dangerous and that product harms the person using that product, the company may be held legally responsible for the customer’s injuries.
There are three main types of Illinois product liability claims:
1. A manufacturing defect, which generally occurs when an otherwise safe product is assembled carelessly;
2. A design defect, which occurs when, no matter how well the product is put together, its intent or layout is inherently dangerous; and,
3. A failure to warn, which can occur when a product markets a product that they know to be potentially hazardous, and fails to warn consumers of the latent danger.
This situation falls into the latter category. The metal bat was inherently dangerous because it deflected baseballs at an extreme rate of speed, but manufacturers did not warn consumers of this danger. When consumers are harmed because products are unsafe and those customers are not warned of the danger, it may form the basis for Illinois personal injury lawsuits, and the corporations responsible for production may be made to pay compensatory damages to put the consumers back in the position they were in before the injuries occurred. This includes covering medical and hospital expenses, and in more serious cases, compensating the victim for a loss of normal life or lost wages.
Today, FOX news reports, the boy still can’t perform any functions of daily life on his own. Illinois products liability lawsuits serve to ensure that defective products are removed from the market and prevented from causing any further pain, suffering, and damage to consumers. If you or a loved one have had an incident with a product that caused an injury, or if you are the survivor of someone who may have died from the use or exposure to a dangerous or defective product, contact an attorney to better understand your rights under the law.