Dustin Fowler suing White Sox for injury

[StrangeSox]

Oh sweet Jesus. Definitely see it there.

 

Yeah, you see the electrical box shift hard on the side angle. Looks like the top of his knee cap wedges under the box.

Edited December 18, 2017 by StrangeSox

[InTheDriversSeat]

 

Maybe I'm blind, but I don't see Fowler hitting the box at all. Both of his legs appear to collide with the wall and horizontal pipe (both padded), to the right of the box. Go to 0:27 at this link:

 

 

 

 

Furthermore, it appears that the box is not in the field of play. Technically, the box is located in the seats, although very close to the field. The metal box looks like it is located a few inches behind the padded sections.

 

The seats are not padded either. My understanding is that any player who enters the seating section is entering under his own risk.

 

 

I learned that Dustin Fowler normally does not play Right Field. His regular position is Center Field. To me, looks like there was no possiblity of anyone catching that foul ball. His lack of experience in RF contributed to his decision to not slow down prior to colliding with the wall.

 

 

I wonder if MLB has an agreement with the player's union which limits the liability placed on home teams and their facilities? (similar as to the information printed on the back of a ticket when a fan gets injured from sitting in the seats) I'm not a lawyer, but if there is already is a contract in place regarding injury liabilities, Dustin Fowler may not have much of a case.

 

 

 

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[hi8is]

Oh sweet Jesus. Definitely see it there.

100% you can even see the metal box give about three inches.

[Dick Allen]

6 days after the incident

 

"I saw the wall," Fowler said. "It got to me a little quicker than I wanted it to. I'm always a guy that's going to try and do everything I can to make the play. I got to it too aggressively. Low wall."

 

Sorry dude. It is the risk you take.like running into the ivy covered Bricks at Wrigley.

 

If it's a jury trial and I have jury duty, I will be dismissed.

Edited December 19, 2017 by Dick Allen

[iamshack]

6 days after the incident

 

"I saw the wall," Fowler said. "It got to me a little quicker than I wanted it to. I'm always a guy that's going to try and do everything I can to make the play. I got to it too aggressively. Low wall."

 

Sorry dude. It is the risk you take.like running into the ivy covered Bricks at Wrigley.

 

If it's a jury trial and I have jury duty, I will be dismissed.

And Fowler’s lawyers would strike you

[Dick Allen]

And Fowler’s lawyers would strike you

That's what I meant. I do feel bad he got hurt, but I think suing the White Sox is obnoxious. I really wonder if it being padded would have mattered, and if the box wasn't there and his knee was able to slide through the opening between the rail and the wall, if he may have suffered an even more gruesome injury.

Edited December 19, 2017 by Dick Allen

[ChiSox59]

I feel bad for the kid. And the box really had no good reason to be there and unprotected.

 

But I have a hard time seeing him win this one.

[iamshack]

That's what I meant. I do feel bad he got hurt, but I think suing the White Sox is obnoxious. I really wonder if it being padded would have mattered, and if the box wasn't there and his knee was able to slide through the opening between the rail and the wall, if he may have suffered an even more gruesome injury.

Oh! I jumped to conclusions and didn’t even see you said you’d be dismissed!

 

I think it’s a pretty clear case unless they told him the box was there.

[ptatc]

That's what I meant. I do feel bad he got hurt, but I think suing the White Sox is obnoxious. I really wonder if it being padded would have mattered, and if the box wasn't there and his knee was able to slide through the opening between the rail and the wall, if he may have suffered an even more gruesome injury.

Yes, the padding would be made a difference. If the box isn't there and his knee hits flush there would not have been this type of injury. If anything he would probably fracture the patella and be back in 6-8 weeks.

 

The whole point is that the box created a different danger that could have been avoided and is not a customary danger like a wall or rail that the players are made aware of.

[StrangeSox]

At the very least, hopefully they've already removed or protected this box in some way and did an assessment of other potential hazards around the field.

 

edit: wonder if doing that would be admitting liability or negligence in some way though

Edited December 20, 2017 by StrangeSox

[InTheDriversSeat]

 

Watch the right knee. It's pretty clear even with the crappy quality.

 

 

I see the right knee hitting the padded wall, not the box. The box appears to be a few inches behind the wall (not even with the wall), therefore both legs make contact with the wall. When he makes impact with the wall, his left arm reaches out far enough so his left hand is in front of the box. If had struck the box initially, his body would be obstructing view of the box, but actually his body (except for his left hand) is to the right side of the box.

 

 

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[hi8is]

I see the right knee hitting the padded wall, not the box. The box appears to be a few inches behind the wall (not even with the wall), therefore both legs make contact with the wall. When he makes impact with the wall, his left arm reaches out far enough so his left hand is in front of the box. If had struck the box initially, his body would be obstructing view of the box, but actually his body (except for his left hand) is to the right side of the box.

 

 

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You can't clearly see his knee hitting the s*** outta the box here?

[maggsmaggs]

At the very least, hopefully they've already removed or protected this box in some way and did an assessment of other potential hazards around the field.

 

edit: wonder if doing that would be admitting liability or negligence in some way though

In Illinois, evidence of subsequent remedial measures is inadmissible to prove negligence.

[FT35]

I see the right knee hitting the padded wall, not the box. The box appears to be a few inches behind the wall (not even with the wall), therefore both legs make contact with the wall. When he makes impact with the wall, his left arm reaches out far enough so his left hand is in front of the box. If had struck the box initially, his body would be obstructing view of the box, but actually his body (except for his left hand) is to the right side of the box.

 

 

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To the replay:

 

 

In the frozen frame here you can see the knee making contact with the box and the box at a slight angle back from the impact. I'm sure Fowler's camp is saying that the box being at the angle is proof of the knee hitting the box itself. I'm sure the GRF legal staff is arguing that of course the box would move--it was attached to the protective padding--which his knee hit as it was designed to--CAUSING the box to slightly move. To me...this logic makes the replay inconclusive from a legal standpoint--as it's not conclusive that the box didn't move from the top of the padding it was attached to--which was being moved by Fowler's knee.

 

I watch too much Law and Order...

Edited December 20, 2017 by FT35

[supernuke]

Watching the video, to me it appears that it is his left hand that hits the box and pushes it in. his legs appear to be farther to the right of the box.

[TaylorStSox]

Isn't that injury pretty much impossible if his knee didn't directly hit the box? Seems like the argument is a moot point based on the injury alone.

Edited December 20, 2017 by TaylorStSox

[supernuke]

It looks like there is about an inch of exposed wall above the padding. Possibly that is what the knee hit?

 

[ptatc]

Isn't that injury pretty much impossible if his knee didn't directly hit the box? Seems like the argument is a moot point based on the injury alone.

I would agree. Not impossible but highly unlikely.

[StrangeSox]

I see the right knee hitting the padded wall, not the box. The box appears to be a few inches behind the wall (not even with the wall), therefore both legs make contact with the wall. When he makes impact with the wall, his left arm reaches out far enough so his left hand is in front of the box. If had struck the box initially, his body would be obstructing view of the box, but actually his body (except for his left hand) is to the right side of the box.

 

 

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In the head-on view you linked, you can't actually see his knees in the frame during the collision at all.

[StrangeSox]

In Illinois, evidence of subsequent remedial measures is inadmissible to prove negligence.

 

That's good, otherwise it'd set up a pretty bad incentive to not fix problems.

 

To the replay:

 

 

In the frozen frame here you can see the knee making contact with the box and the box at a slight angle back from the impact. I'm sure Fowler's camp is saying that the box being at the angle is proof of the knee hitting the box itself. I'm sure the GRF legal staff is arguing that of course the box would move--it was attached to the protective padding--which his knee hit as it was designed to--CAUSING the box to slightly move. To me...this logic makes the replay inconclusive from a legal standpoint--as it's not conclusive that the box didn't move from the top of the padding it was attached to--which was being moved by Fowler's knee.

 

I watch too much Law and Order...

 

Back, and to the left. Back, and to the left. Back, and to the left.

[supernuke]

I would agree. Not impossible but highly unlikely.

 

Could the injury happen from impacting the inch or so of concrete wall that appears to be exposed above the padding on the wall?

[maggsmaggs]

That's good, otherwise it'd set up a pretty bad incentive to not fix problems.

Precisely the rationale.

[FT35]

I see the right knee hitting the padded wall, not the box. The box appears to be a few inches behind the wall (not even with the wall), therefore both legs make contact with the wall. When he makes impact with the wall, his left arm reaches out far enough so his left hand is in front of the box. If had struck the box initially, his body would be obstructing view of the box, but actually his body (except for his left hand) is to the right side of the box.

 

 

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I think this explains it.

[Iwritecode]

It looks like there is about an inch of exposed wall above the padding. Possibly that is what the knee hit?

 

 

No, he hit the big, shiny metal box in the lower left corner of your screenshot.

 

[supernuke]

Watching the videos I still think it is his left hand that hits the box and his right knee hits the wall.

 

No, he hit the big, shiny metal box in the lower left corner of your screenshot.