By R. Douglas Manning, Ph.D
Injuries within the realm of sporting events are bound to occur to athletes, student-athletes, and the weekend warrior alike. They have happened, and will continue to transpire during games, practice, and even during freak instances of taking out the trash; see Bob Stanley, circa 1988 (Associated Press, 2010). Tradd Lowman, a prep baseball player from Bishop England High School, was recently injured while running from first to second base in South Carolina’s State Championship Series. When the opposing team’s shortstop attempted to throw the ball to first base to complete a double play, Tradd was struck in the face and sustained serious facial fractures (Bowman, 2013). His injury conjures up memories of similar athletic incidents at all levels and has the ability to stimulate passionate discussion regarding liability, injury prevention, safety equipment (i.e., helmet facemasks), and risk management. Although research often focuses on the safety of baseball fans/spectators, the well-being of the athletes, coaches, and co-participants is significant as well. Athletic contests are being played by bigger, faster, and more powerful participants and will continue to create risk management challenges.
Don Zimmer was struck in the head by a foul ball hit by Yankees’ second baseman Chuck Knoblauch during the 1999 American League Championship Series (Tuesday, October 5, 1999). The following game, Zimmer famously donned a military-style helmet emblazoned with the Yankees logo and his nickname, ZIM. Although Zimmer was able to make light of the incident, it would not have been a joking matter should his injuries have been more serious (Associated Press, 1999). In the wake of the recent high profile, and vivid injuries to pitchers being struck by batted balls during the 2012 and 2013 Major League Baseball seasons, protective cap liners have been widely discussed, but not yet implemented or mandated. Tampa Bay Rays’ pitcher Alex Cobb (6/15/2013), J.A. Happ of the Toronto Blue Jays (5/7/2013), Detroit Tiger pitcher Doug Fister (10/25/2012), and Brandon McCarthy, formerly of the Oakland Athletics (9/5/2012), were all hit in the head by line-drives with varying degrees of injury (Berry, 2013; Chisholm, 2013; Footer, 2012; Lee, 2012).
Given the history of Major League Baseball’s (MLB) progressive reforms in the name of safety (i.e., the mandating batting helmets for major leagues hitters in 1971), it had been expected that MLB would encourage or mandate safety measures/components to protect pitchers from line drives prior to the start of the 2013 season (Associated Press, 2012). Batting helmets for players became commonplace following the beaning and death of Cleveland Indians player Ray Chapman in 1920. Similarly, Mike Coolbaugh, the Double-A Tulsa Driller’s first base coach, was killed in July, 2007, when a foul ball which struck him in the head while he was in the coaching box. As a result, MLB and MiLB base coaches are now required to wear helmets (sans ear flaps) as an added safety measure (Associated Press, 2007; Smith, 2007). Although widely discussed in December, 2012, Major League Baseball did not recommend any such pitching helmets or cap liner protections (i.e., Kevlar shells, inserts, etc.) for Major League Baseball Player Association Approval (MLBPA) in time for the 2013 season. MLB is said to be looking for a quality product which provides sufficient protection from baseballs traveling at high rates of speed (Weinbaum, 2013). It may be worse to implement ineffective or faulty safety measures which do not protect against the injuries they are intended to prevent. Providing a false sense of security is irresponsible and counterintuitive to proactive risk management approaches.
Of concern has also been professional baseball’s transition from baseball bats made of ash to those constructed from maple. It has been reported that maple bats are currently preferred by 60 percent of Major League Baseball players and that they tend to shatter into sharp fragment as opposed to the splintering, or flaking, actions of the historically used ash bats (Cohen, 2008). A number of factors, including collective bargaining, limited ash wood resources, and potential bat manufacturer lawsuits hinder Major League Baseball from adequately providing a safe baseball environment for players and spectators alike (Novosel, 2011). On October 11, 2012, Joba Chamberlain, pitcher from the New York Yankees, was removed from an MLB game in the 12th inning after being struck on the elbow by a large piece of Matt Wieters’ (catcher from the Baltimore Orioles) broken bat (Hoffman, 2012). Chamberlain was only diagnosed with a bone bruise, but his failure to notice a sharp edged baseball bat flying his way could have been much more serious. Due to the fact that flying shards of baseball bats often threaten the safety of all stakeholders (players, fans, umpires, coaches, etc.), this issue seemed to have caught the attention of Major League Baseball. Following each episode of a broken maple bat, the fragments are sent to a laboratory for examination and to study wood grain patterns with the hope of decreasing or eliminating the danger of flying bat shards in the future (Parks, 2010).
Co-participants, such as Chamberlain, would be hard-pressed to prove claims of negligence with the absence of proven intentional harm. Pertinent to co-participants of both contact and non-contact sports, there is no duty of care owed to participant colleagues and the primary doctrine of assumption of risk is applicable (Hickman, 2008; Ursin & Carter, 2008; Wanat, 2001). In regards to co-participants, cases such as Knight v. Jewett (1992) and Shin v. Ahn (2007), have defined the duty of care owed to associates in contact (football) and non-contact (golf) sport respectively. Knight established a no-duty rule as it related to co-participants in sport for reckless actions not common to the activity, whereas Shin’s focus on assumption of risk and the limited duty owed could only be breached in events of reckless misconduct and/or intentional infliction of harm. Participants have been expected to assume the risks inherent in the sport merely through their involvement (Clement & Grady, 2012).
Tradd Lowman’s unfortunate interscholastic baseball injury seemed to have been part of the normal course of the game and not outside the scope of the activity; however, such incidents should be examined on a case-by-case basis. The decisive actions of governing bodies, leagues, and sport organizations, as well as, the evolution of safety equipment will continue to be relevant as it relates to the well-being of baseball participants at all levels. Potential mandates regarding the use of face masks for batter’s helmets and cap inserts for pitchers, will be an interesting storyline to follow. Co-participants assume the normal risks inherent in the sport and the actions of co-participants. They may also encounter careless behavior or a total disregard for the safety rules/norms of the activity. Irresponsible behavior and a subsequent injury, do not assure success in litigation, but also do not preclude the victim one from filing a tort claim. Co-participants must avoid reckless behavior and can be held liable for injuries sustained to other participants as the result of one’s intentional, deliberate, or dangerous actions (Wong, 2010). Should an injury occur during the normal course of a sporting event, it is important to examine the level of conduct of the offender as well as the intent of the individual. Was there an intentional action to harm a co-participant and/or an utter disregard for the safety of others?
R. Douglas Manning, Ph.D., recently completed his dissertation, Playing Hardball: An Analysis of Court Decisions Involving the Limited Duty (Baseball) Rule, and graduated from the University of New Mexico. Previously published in Hackney Publications’ Sports Litigation Alert and Professional Sports & The Law, Dr. Manning’s academic interests include Sport Law, Risk Management, and Sport Leadership. As Program Manager of the Physical Education Program at UNM during the spring, 2013, semester, one of his first tasks was to purchase helmets (with faceguards) for the PENP 174, softball courses. For more information, please contact him at rdm7938@gmail.com.
References
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