Legal Question in Personal Injury in California

I was hit in the head by a baseball. Can I sue the the manufacturer of the baseball?


Asked on 8/04/09, 8:12 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

That the baseball hit you is almost certainly not the manufacturer's fault unless an employee of the manufacturer threw it at you. You could file such a lawsuit, but I don't see how you could win. However, if the ball was unreasonably hard or otherwise defective in a way that caused a more serious injury than a normal baseball would have caused, then you might have a viable claim.

Depending upon the circumstances, you might have a claim against the person who caused the ball to hit you. But unless you were seriously injured, a lawsuit probably wouldn't be worthwhile.

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Answered on 8/04/09, 8:38 pm
Stephen Petix Quinton & Petix

You're kidding, right?

What did the baseball manufacturer do wrong that caused your injury?

Baseballs are supposed to be round and hard, designed to travel great distances at high speed when thrown by a player or hit by a wooden or metal bat.

If the baseball injured you because it was round and hard, it was not defective. If you were injured while playing baseball, you assumed the risk that a round and hard ball might strike you and injure you.

No, of course you cannot sue the baseball manufacturer.

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Answered on 8/06/09, 2:49 pm


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