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Old Wed Feb 08, 2012, 12:29am
DeputyUICHousto DeputyUICHousto is offline
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Join Date: May 2008
Location: Houston, TX
Posts: 297
Interesting comment

Quote:
Originally Posted by EsqUmp View Post
Do what your association/UIC tell you to do. Then you can at least blame them. I am wondering if they are willing to put into writing that you cannot remove a bat.

There is a clear history of not allowing removal of the bat. I will not debate that.

The standard by which to judge negligence (which would be the basis of any lawsuit in this type of situation) is whether the umpire acted as a reasonably prudent person.

Would a reasonably prudent person remove the bat if he/she could do so safely, carefully and cautiously?

Or would a reasonably prudent person leave a bat in front of home plate knowing that there is a significant chance that the runner will slide into it and possibly get entangled with the catcher?

While some may argue that someone may trip over the bat if the umpire moves it, I think that the chances of that and the result of the potential trip would be much less than the runner sliding into the bat.

Nothing will stop an umpire from getting sued anyway.
If this the case, then the catcher and the on deck batter fall under the same "rules" regarding negligence. Are they not "prudent people"? Its unfortunate that our game has become such a litigious nightmare. Its a bat ball sport. Its also a non-contact contact sport. Occasionaly there is contact which can and does cause injury.

If the umpire picks up a discarded bat and tosses it towards the dugout and hits the on deck batter or a "bat boy" coming to retrieve the bat then he could be liable. If the umpire picks up the bat and so as not to injure anyone maintains possession of the bat then has to make a safe call at 3rd base, couldn't the bat slip from his hand and hit someone?

Just leave the damn bat alone! There are rules governing this very thing in the rule book.
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