ball in play hits bat used

[Dakota]

Originally posted by Ref Ump Welsch
...You'll get deposed in the process. Just because it doesn't make it to court doesn't mean your life will get probed into. ...

I seriously doubt it would come to that ... remember, you are suggesting that the umpire is liable for an injury to a player who falls over a piece of playing equipment being used in the way it was intended in the game and being in a place it could reasonably be expected to be during the normal course of the game and for which the umpire has no responsiblities under the rules of the game.

But, even if it did come to a deposition, explaining to a conference room of lawyers and a court recorder that the case is BS is a minor inconvenience.

[Dukat]

OK, You all have just about convinced me to not mess with bats during play which is what I always thought about but after play is dead I never thought of it being a problem and I always pick up bats and hand to coaches etc. Now you have me thinking maybe that is wrong when I have always just thought it was being courteous.

[Skahtboi]

Dukat:

No doubt that it is courtesy to do something like that. However, it just isn't prudent. You are much better off leaving all equipment that doesn't belong to you alone.

[UmpireErnie]

IMO, all legal issues aside, I think we have plenty to do during live ball play besides looking for the bat and moving it to where we think it will out of the way. (As this post shows, sometimes it is not!)

Let's see.. batted ball fair/foul, caught on fly or trapped, did the batter runner touch first and if so which part of first (double bag), did she run in the running lane, was there obstruction or interference, safe or out, swipe tag, pulled foot, tag ups, etc.etc.etc.

With all that going on I just don't see myself spending time on finding and moving the bat. The players will deal with it. I also don't touch the equipment after play ends except during the pregame equipment check of bats and helmets. Yes, the thought is there sometimes to be courteous and pick up a helmet that is at your feet when F2 has run down to 1B to back up a throw rather than let her go get it; but aside from the reasons others have given I think this "courteous act" can be perceived incorrectly by others. Goes along with not fraternizing with players you know outside softball on the field.

[IRISHMAFIA]

Originally posted by Ref Ump Welsch
Moving the bat will actually lessen your liability, because you will be negligent in leaving it where it was. By leaving the bat in the basepath, and knowing it was there, you establish negligence.

Quite the contrary. The moment you move the bat, you have involved yourself. If you do your job as an umpire by watching the ball, the runners touch the bases and set up to make the calls for which you are there, you are doing the job as prescribed and cannot be held liable for knowing where the bat is located.

Players assume risks inherent to the game and the equipment used in that game. The moment the umpire does anything to interject themselves into any possible scenario, then they have placed themselves in jeopardy.

Granted, an attorney could argue in the manner you suggest, but there will be no documentation to support the argument. Meanwhile, I have a load of documentation to support exactly what an umpire is trained to do in any certain on-field situation and none of them include touching the bat, helmet or ball.



[Edited by IRISHMAFIA on Jun 18th, 2004 at 10:28 PM]

[TexBlue]

Originally posted by Dakota
I noticed the fan who tried to sue the Brewers (I think I have the team right) over an injury caused by a foul ball had the suit tossed out of court.

I would expect the same thing here, hence my wise guy answer to the question about liability.

Besides, it would be an issue between the plaintiff and my insurance carrier anyway.

I don't have the dates or anything, but about 9-12 years ago, a umpire threw a bat aside and the catcher rolled over it on the way to make a play, breaking his/her ankle. They sued for $7 million and won. In the PONY classes I go to every year, they preach to never, never, touch a bat. If you do, absolutely never let go of the bat until the play has stopped. I've just carried this over into all the other softball groups also. I get yelled at a lot to move a bat, but I haven't gotten yelled at yet for breaking a players ankle. Might as well keep it that way.

[Dakota]

Originally posted by TexBlue
They sued for $7 million and won.

7 mil for a broken ankle? I'd wager that award was set aside / significantly reduced on appeal.

[cmtsguy22]

Thank you to everyone for answering my question and going into such detail. Being a rookie still, last year was my 1st year, I can't believe the number of questions or things that I have never seen on a field while I have I started umping compared to playing over the last 17 years. Most of the leagues that I do here in the western burbs of Chicago, the players are talking to much, not in the on-deck circle ready to grab the bat to make a safe path for their teammate. I have to admit that I think about the safety of the players I am umping, and I do grab the bat and carry it with me until the play is done. I have had on more than one occasion, have a team say thank you for grabbing the bat to save a possible injury at the plate. IN this day of people sueing people over the fat content of a McDonald's burger, it is nice to hear the thank you's as they are few and far between. Thanks again to everyone for your responses and the responses to all my questions that I have put up here so far in my short time on the site.

Guy