is this worth pursuing?

[cgmjrzgirl]

What is the name of your state (only U.S. law)? New Jersey.
I am wondering whether or not this is a case worth pursuing. I'm not looking to cash in, but I also don't want to be foolish if my son is entitled to compensation. My 19 year son was playing baseball in a collegiate level league this summer - he's a catcher. He was wearing a catcher's mask and got hit on the front of the helmet by a foul-tipped ball. The ball hit the helmet in the center of his forehead and hurt more than usual, so he lifted the mask to rub his forehead and realized he was bleeding from his forehead. He had a one-inch horizontal gash which was bleeding pretty badly for a few minutes. The screw which attaches the cage to the helmet came through the padding and pierced his head. You can see a small cut in the padding where the screw came through. In addition, the shocks on either side of the helmet which I believe are supposed to absorb most of the impact were pretty shot.

There was a doctor at the game who suggested he would need stitches to close up the gash, so we went to the local ER. The doctor said he would need something to close it - suggested dermabond rather than stitches to minimize scarring. We spent 3 hours in the ER and he left with dermabond on his forehead and a pretty good headache. That was almost 4 weeks ago and now he a small scar on the middle of his forehead. I have been in contact with the manufacturer about it and their customer service sent me a replacement helmet and said their legal dept would contact me about medical expenses, etc. I have not heard from them despite leaving 2 messages.

What is a realistic expectation of compensation, if any?

Thanks

 

[seniorjudge]

Q: What is a realistic expectation of compensation, if any?

A: If you get a new helmet and your ER fees refunded, you will be lucky. Baseball is an inherently dangerous activity and trying to get compensation for injuries sustained in a baseball game is very difficult.

 

[Antigone*]

A: If you get a new helmet and your ER fees refunded, you will be lucky. Baseball is an inherently dangerous activity and trying to get compensation for injuries sustained in a baseball game is very difficult.

Senior...she'd look silly wearing a new helmet. Son must not be too worried about his little scar, since he isn't the one chasing the mfg.

 

[JustAPal00]

I broke my collar bone playing football, should I sut the shoulder pad manufacturers?

 

[cgmjrzgirl]

Not quite the same

Thanks for your cute replies. I was not thinking that the manufacturer would be offering much more than med fees (if anything), but thought the question was worth asking, especially since he will have a permanent scar on his face.

As far as the comparison to getting a broken collar bone while wearing shoulder pads, I think you're comparing apples and oranges. The reason he got hurt was BECAUSE of the helmet, not in spite of it. He got cut by a screw that was clearly not supposed to come through the padding - it was either defective in its manufacturing or design. If he got a concussion while catching, I wouldn't be asking whether or not the manufacturer should be held liable. I don't expect the helmet to prevent all injuries, but I certainly didn't expect it to be the cause of the injury.

 

[rocktopler]

Thanks for your cute replies. I was not thinking that the manufacturer would be offering much more than med fees (if anything), but thought the question was worth asking, especially since he will have a permanent scar on his face.

As far as the comparison to getting a broken collar bone while wearing shoulder pads, I think you're comparing apples and oranges. The reason he got hurt was BECAUSE of the helmet, not in spite of it. He got cut by a screw that was clearly not supposed to come through the padding - it was either defective in its manufacturing or design. If he got a concussion while catching, I wouldn't be asking whether or not the manufacturer should be held liable. I don't expect the helmet to prevent all injuries, but I certainly didn't expect it to be the cause of the injury.

The age of the helmet could factor in also, they wear out especially if they are shared and always in use. So it's not just on the manufacturer if thats the case. The college equipment department could maybe share a bit of blame.

 

[JustAPal00]

The reason he was hurt was that the piece of equipment was not strong enough to take the punishment of the ball hitting it so it failed. Just like the shoulder pads that did not protect my shoulder. I play men's league hockey as a goalie. When you buy a helmet, you can spend $200 and get a fiberglass helmet that is rated for men's league play, or you can spend $1200 and get a kevlar helmet that an NHL goalie could wear. The fiber glass helmets work OK, I used to have one, that's what most players wear. Mine was broken by the slap shot of a 14 year old. It was not the fault of the manufacturer that the helmet cracked, just a perfectly placed hard shot. I was fortunate that none of the fiber glass cut me! Now I have kevlar. Maybe you should buy your son a better helmet. A friend of mine used to say "If you have a $50 head, wear a $50 helmet!"