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Confiscating bats at tournament

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by umpinva » Mon May 05, 2008 7:46 pm

hotcorner wrote:This is the first time I've ever heard of this. DD hits ball and hurts player on other team who then has to be taken out of game due to injury (Maybe even to the hospital). In umpires judgement he can decide to confiscate bat to be tested to see if bat has been altered in any way. DD eventually gets bat back but maybe not for 14 days. My question to the tourney director was (1) does the bat in any way get damaged as a result of this testing? and (2) will we receive a replacement bat to use while our $260 bat is being tested? Their answer was "no" to both questions but I am kind of leary about what will happen to DD's bat during this testing period. Not to mention DD's confidence level when she can not swing the bat she is having such great success with.


If it was an NSA tournament it is a requirement. Below is a memo that was sent to NSA umpires back in 2006:

Subject: Injury reports

Date: Mon, 10 Jul 2006 10:40:02 -0400

Hey folks,

This is a friendly reminder to our umpires about injuries in NSA sanctioned >play. We have gotten a few this year and for the most part we have done a >pretty good job of doing what we are supposed to do concerning injuries. >But, some of us have either forgot the protocol or haven't been to a clinic >or convention when this was discussed. So in brief I'll go over the >procedure of what we are to do when we have an injury on the field >concerning the equipment.

1st - someone secure the bat and the ball and never lose sight of it, lock >them both in a room, car or somewhere secure.

2nd - Issue the owner of the bat and ball a receipt for the bat and ball

I know that this may sound a little non-feeling towards the injured player >but we have directors, fellow teammates, park directors, uic's or our >partner on the field to tend to the injured player while waiting on medical >personnel to arrive.

3rd - Ship the bat to me here at the NSA National Office @ 101 NSA Way, >Nicholasville, Ky 40356.

What will happen to the bat and ball then is this. I will compression >check the bat. If the bat compression is lower than what would be normal >break in level for that model we will either send the bat to NY university >for bpf testing or sent to the mfg if the bat looks to be tampered with.

We have one bat at a mfg now from an injury that looked altered to me when >it arrived and I immediately sent it off to the mfg to see what their >findings were.

If the player refuses to give the bat or ball up, then we refer to the >altered bat and ball rule in the Official NSA Rule Book in Rule 3; >Equipment.

Lastly, we HAVE TO HAVE a injury report on file. Even if the injury looks >minor, it could escalate to something more serious and we have to have the >report on file. This is to protect you as an umpire if the case goes to >court, and it gives NSA, and our insurance company firm ground to stand on; >that we have done everything in our power to protect our players well >being. If we cover all the bases, we are all protected; but it starts with >you the umpire, the uic, the director, the zone VP.

Make sure that this is sent to all of your uic's, umpires, directors, state >directors, parks, leagues, etc.


Eddie Ray Cantrell
NSA/BPA Executive VP & National Director of Umpires
playnsa.com
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by Skarp » Mon May 05, 2008 8:51 pm

Spazsdad wrote:Gee I never would have thought this was driven by a CYA because of lawyers and lawsuits :roll:

"If the bat compression is lower than what would be normal >break in level for that model "

Is there some database out there that documents the variations in testing What if the kid that got hurt wasn't paying attention, or was playing out of position, or a pitcher that didn't set up to defend her position after the pitch. Why is it the bats or balls fault?

Man, what a can of worms.

If someone deliberately skirts a rule that is in place for safety reasons, and particularly if they do so in a way that causes others to remain unaware of the heightened risk of danger, you can bet your rear end that liability issues are implicated if someone gets injured. Now the fact that the injured player may have contributed to (or entirely caused) her own injury can certainly affect the apportionment of liability between the parties--or even bar recovery entirely--but I wouldn't expect a jury to be overly sympathetic to the cheater in such circumstances. A doctored bat constitutes pretty strong evidence of a bad act.
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by jofus » Tue May 06, 2008 8:00 am

So, my DD hit a pitcher in the foot this weekend. Say it broke her toe (or just bruised her foot, it seems), they can confiscate her bat to see if it's illegal? What if the third baseman is lined up 30 feet away and takes a line drive (hopefully she has a mask on)....it's the fault of my daughter's bat?

Seems this is a case of guilty until proven innocent.....
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by bradrhod » Tue May 06, 2008 8:09 am

Spazsdad wrote:Skarp, I agree that anyone using an altered bat deserves to be punished, severely.
My point was the statement that if a player is hurt the bat is automatically confiscated. Like it is automatic that it must be illegal.
And I wonder if my DD's well broken in and used bat would fail testing and I would be held liable somehow. That's the scary part.


If the bat became hot as the normal part of usage, this is the fault of the bat manufacturer, and they would be most likely candidate for liability. You used the product as directed, so you have done nothing wrong.

If you have not removed the end cap, run it through rollers, or otherwise altered the bat, then you have little to worry about...

I suspect, as Irish/MTR has pointed out in the past, that removing equipment after an accident comes to us from the slowpitch world.
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by Demonboy » Tue May 06, 2008 8:50 am

jofus wrote:So, my DD hit a pitcher in the foot this weekend. Say it broke her toe (or just bruised her foot, it seems), they can confiscate her bat to see if it's illegal? What if the third baseman is lined up 30 feet away and takes a line drive (hopefully she has a mask on)....it's the fault of my daughter's bat?

Seems this is a case of guilty until proven innocent.....





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by coachkev » Tue May 06, 2008 10:21 am

"The only way they are taking my bat is from my cold dead hand"
Charlton Heston



Man I need to type faster!!! :lol:
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by Hitmechanic » Tue May 06, 2008 10:43 am

:x Next thing you know...they be taking your gun away...
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by Skarp » Tue May 06, 2008 11:00 am

Maybe my rifle, but never my gun...

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by Demonboy » Tue May 06, 2008 11:13 am

This one's for fighting, this one's for fun.
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by Judd » Tue May 06, 2008 1:41 pm

Demonboy wrote:
jofus wrote:So, my DD hit a pitcher in the foot this weekend. Say it broke her toe (or just bruised her foot, it seems), they can confiscate her bat to see if it's illegal? What if the third baseman is lined up 30 feet away and takes a line drive (hopefully she has a mask on)....it's the fault of my daughter's bat?

Seems this is a case of guilty until proven innocent.....





From my cold dead hand.


Glad I wasnt the only one thinking about it.

But what if it means your team forfeits the game or gets thrown out of the tournament?
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