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Question

Posted

Bat discussion came up, big item modified bats(baseball) mostly rolled bats. My question is has anyone come across a rolled bat and if so what tipped it off. I thought I had one BBCOR bat but did not sound right when ball was hit,looked at bat and not sure so let it stay in game. Any thoughts,alan

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Posted

 

 

It's exactly the same as your example. You modified the car. That is NOT illegal. The consequences can cause a problem. That's a liability issue and may cost you plenty. But the actual modification is not illegal.

 

This should not be that difficult to understand.

 

Yes, you'll note that my entire post was about civil liability. 

 

Though it isn't outside the realm of possibility that it could be a criminal violation if deemed so reckless and negligent in wantonly disabling a safety feature leading to a severe injury or death. If you souped up that engine so much that no one but a trained race car driver should operate and then let a teen drive it, you very well could face criminal charges. Likely? Not at all. But possible? Absolutely.

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Posted

But altering a bat and passing it as unaltered is civilly illegal. It could be interpreted as criminal by the right prosecutor. It could be interpreted as cause in a wrongful death case by the right attorney. So but the strictest interp, altering it isn't illegal but passing it off as an unaltered bat is illegal. Red Metal Jacket can built some amazing automatic weapons, and because they have a list of special licenses it isn't illegal. The list of possible customers is very short, but if they go outside that list and sell a full auto as a semi, would be illegal. A better analogy. 

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Posted

But altering a bat and passing it as unaltered is civilly illegal. It could be interpreted as criminal by the right prosecutor. It could be interpreted as cause in a wrongful death case by the right attorney. So but the strictest interp, altering it isn't illegal but passing it off as an unaltered bat is illegal. Red Metal Jacket can built some amazing automatic weapons, and because they have a list of special licenses it isn't illegal. The list of possible customers is very short, but if they go outside that list and sell a full auto as a semi, would be illegal. A better analogy. 

 

it's the passing it off as legal that's the violation, not the initial alteration. You need to separate the acts.

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Posted

I've tossed crudly rolled bats. They were easy to spot.

 

I've also inspected bats that were rolled and shaved. Couldn't tell. Even the end cap looked like it have never been taken off.

 

We were promised tamper technolog on the bat, which has yet to make an appearnce.

 

Hot rodded bats have been used to win the LL World Series, and the umpires/inspectors had no idea. A "well done" bat can't be detected by just looking and touching.

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Guest Jayboy
Posted

Not an accurate analogy.  If yo drive recklessly, you are still in control of which direction you are going.  A batter has little control over which direction a batted ball goes.  He/she may try to pull or go oppo, but still has little control. 

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Posted

Not an accurate analogy.  If yo drive recklessly, you are still in control of which direction you are going.  A batter has little control over which direction a batted ball goes.  He/she may try to pull or go oppo, but still has little control. 

 

Recklessly can easily make you lose control. That's why cars go skidding off the road or sliding into another car's path or whatever.

 

It's STILL the operation that causes the problem, not the modifications.

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Posted

For once, I actually have to side with Rich on this. If we use the automotive analogy, your (generic "you") taking of a car and modifying it endlessly into a show car, that just sits there on a plinth and gets all these gawkers at car shows, is in no way illegal. If you take it a step further, and want to operate it, you may operate it upon your property as you see fit. The modifications you performed have waived your claims of liability to the manufacturer of the "original" car components, since their terms (User Agreement, et. al.) cover reviewed and approved applications or the car as an original, serial registered whole. Your use of the altered vehicle upon your property, though, is upon you.

 

When you operate the vehicle off your property is where the legality falls upon it. Others are being affected, and you are subject to public laws. Even running the engine while parked on the public road in front of your house will draw an inquiry, warning, or citation from a police officer. What will you be cited for? Operating an unlicensed vehicle. It won't be for possessing a modified or altered vehicle.

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Posted

 

Not an accurate analogy.  If yo drive recklessly, you are still in control of which direction you are going.  A batter has little control over which direction a batted ball goes.  He/she may try to pull or go oppo, but still has little control. 

 

Recklessly can easily make you lose control. That's why cars go skidding off the road or sliding into another car's path or whatever.

 

It's STILL the operation that causes the problem, not the modifications.

 

The analogy can work, but it's a salacious argument.  You alter your car and crash and kill someone.  Now you get sued.  You aren't going to jail for altering the car.  But if the plaintiff's attorney convinces the jury that your alteration made your car less safe to operate, you're paying a lot more in damages for wreckless endangerment.  If I were a plaintiff's attorney trying a case against a person who killed a kid with an altered bat, I'd have the easiest questioning on the stand ever:  1) Did you have your bat altered?  2) Why?  3)  Did you know it was against the rules to use an altered bat?  4) And you used it anyway, and you hit Mike in the chest and now he's dead, correct?

 

A prosecutor could go after criminal charges of endangerment, for your car or this kid's bat, but unlikely.  But it has a high probability of biting you if something bad happens.

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Posted

I have seen only one bat that I knew was rolled....and the only reason I know that was the guy told me it was,,,,,,,,,,,,,,,,it was an adult mens softball bat.......no obvious markings, no tampering evidence and the end cap looked pristine...  No way from my visual review could I tell it had been tampered with......

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Posted

For some reason I pictured someone actually shaving a bat with cream and a razor.  Talk about a weird service to advertise.  :shrug:

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Posted
On 2/27/2013 at 8:41 AM, GoodOldGus said:

 

Doesn't this company know it there is a FEDERAL law against altering bats?! 

You are able to use "altered bats" in home-run derbies, that is why what they are doing is legal. When you purchase a bat you sign a wavier stating that it will not be used in any sanctioned league. If someone uses an altered bat in any sanctioned league, they the company is not liable and the person who used it is the only person responsible. 

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Posted
You are able to use "altered bats" in home-run derbies, that is why what they are doing is legal. When you purchase a bat you sign a wavier stating that it will not be used in any sanctioned league. If someone uses an altered bat in any sanctioned league, they the company is not liable and the person who used it is the only person responsible. 

Thank you for reviving a 2 1/2 year old thread to provide information that is incorrect.



Doctoring a bat with a certification mark (which is a federally registered trademark) is a federal crime. Plain and simple. There is no caveat in federal law that allows these bats to be used for 'home run derbies' or 'exhibitions'.
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