What to do if my husband was injured by faulty batting cage machine?

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What to do if my husband was injured by faulty batting cage machine?

It threw pitches way to the left of him and the last one struck him in the shin and calf of his right leg. He could hardly walk for the rest of the day. After 3 hours in the ER, plus X-rays, they said it was just a very bad bruise and he should rest and ice it. What should we do? The manager at place where he was injured took his info and said that their insurance would contact us. They would not give us any information or any number to call for their insurance company. This happened yesterday and we have not heard anything yet.

Asked on June 1, 2014 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You *may* have a cause of action, but it is probably not worth pursuing:

1) If the machine were defective due to bad maintenance (and that's why it was throwing wide), that could give rise to liability; but if the machine were not defective and the pattern of throws was within the normal distribution or "margin of error" for a pitching machine, and your husband simply was somewhat unlucky in being hit, there would be no liability--in entering a batting cage, you assume or accept the normal risks of having a machine hurl balls at you at 60 - 90 mph, and only if some defect or other obvious fault can be shown, would there be liability.

2) Even if there is liability, all you could recover--assuming that they do not pay you compensation voluntarily, and you therefore sue (since suing is the *only* way to get compensation if not paid voluntarily)--is

a) Out-of-pocket or unreimbursed medical costs;

b) Pain and suffering IF the injury causes significant impairment of life functions for weeks or months (or longer)--a few days of pain is not "worth" anything in the courts;

c) Lost wages, if any were lost, and other out-of-pocket costs directly connected to the incident, like if you had to take a cab to the hospital then home.

From what you write, it is very unlikely that you have suffered enough economic losses, or you husband a bad-enough injury, to make a lawsuit worthwhile, especially since to win, you might need to hire some sort of an expert on pitching machines to testify on your behalf, and you cannot recover the cost of the expert from the other side.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that since your husband made a claim with the batting cage establishment as to what happened he needs to follow up with the insurance carrier to resolve the matter. If not he needs to consult with a personal injury attorney in his locality. One can be found on attorneypages.com.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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