quote:Now that it is brought up and posted here you have opened up a can of worms. If it does happen and the player does get hurt, it can be proven to be premeditated. This may make your son/you/his coach liable.
The California Supreme Court ruled in 2006 on a case involving an intentional beaning. The plaintiff sought judgement against the Citrus Community College District for sponsoring a game in which a retaliatory intentional beaning occurred between Rio Hondo and Citrus players. While this suit was against an entity and not a person, the opinions rendered by the court leave little room for a plantiff to prevail against anyone in a lawsuit based on injury sustained as the result of intentional beaning.
The basis of the suit was that Citrus was "negligent in failing to supervise and control the Citrus College Pitcher."
The court concluded that being hit by a baseball is an inherent risk of the game.
quote:"Being intentionally hit is … so accepted by custom that a pitch intentionally thrown at a batter has its own terminology: "brushback," "beanball," "chin music." In turn, those pitchers notorious for throwing at hitters are "headhunters." Pitchers intentionally throw at batters to disrupt a batter's timing or back him away from home plate, to retaliate after a teammate has been hit, or to punish a batter for having hit a home run. (See, e.g., Kahn, The Head Game (2000) pp. 205-239.)
"Some of the most respected baseball managers and pitchers have openly discussed the fundamental place throwing at batters has in their sport." The court cited as an example: George Will's study of the game, Men at Work, where one-time Oakland Athletics and current St. Louis Cardinals manager Tony La Russa details the strategic importance of ordering selective intentional throwing at opposing batters, principally to retaliate for one's own players being hit. (Will, Men at Work (1990) pp. 61-64.)
The court further dispelled thoughts about differences in the levels of play i.e. professional baseball as opposed to college, high school or even little league.
quote:"'[t]here is nothing legally significant . . . about the level of play' in this case. (West v. Sundown Little League of Stockton, Inc. (2002) 96 Cal.App.4th 351, 359-360; see
Balthazor v. Little League Baseball, Inc., supra, 62 Cal.App.4th at
pp. 51-52; Mann v. Nutrilite, Inc., supra, 136 Cal.App.2d at p. 734.) The laws of physics that make a thrown baseball dangerous and the strategic benefits that arise from disrupting a batter's timing is only
minimally dependent on the skill level of the participants, and we see no reason to distinguish between collegiate and professional baseball in applying primary assumption of the risk."
The court also concluded that even though an intentional beaning of a player violates rules and regulations set forth for the game, it in no way lays the groundwork for a lawsuit.
quote:"It is one thing for an umpire to punish a pitcher who hits a batter by ejecting him from the game, or for a league to suspend the pitcher; it is quite another for tort law to chill any pitcher from throwing inside, i.e., close to the batter's body—a permissible and essential part of the sport—for fear of a suit over an errant pitch. For better or worse, being intentionally thrown at is a fundamental part and inherent risk of the sport of baseball. It is not the function of tort law to police such conduct.
quote:Consequently, the doctrine of primary assumption of the risk bars any claim predicated on the allegation that the Citrus College pitcher negligently or intentionally threw at Avila."
In this case, it was obvious that the beaning was retaliatory, the batter was struck in the head and it cracked his helmet, he suffered injury that required him to seek treatment at the hospital. Even so, because beaning batters intentionally is an assumed risk of the game, no one can be held liable. However, they can be made miserable by a five year process of lawsuits and trials. Thus, nobody admits it when it happens. You can never be too sure.
California Supreme Court