Athletics outfielder Dustin Fowler has brought a lawsuit against the White Sox and the Illinois Sports Facilities Authority relating to the serious knee injury he suffered in June, as Tom Schuba of the Chicago Sun Times reports.
Fowler was injured when he collided with an electrical box along the right field wall at Chicago’s Guaranteed Rate Field while chasing a foul pop-up. At the time, he was playing for the Yankees in his first major league baseball game. He suffered a ruptured patella tendon that required surgery and cost him the entire remainder of the season.
Now a member of the Athletics after being included in the Sonny Gray swap at the 2017 trade deadline, Fowler is working his way back in preparation for Spring Training. The hope is that he will regain his health and former trajectory as a player, though certainly it is not yet clear whether he’ll face ongoing physical limitations.
Fowler, who’ll soon turn 23, had increasingly been seen as an intriguing young player during the course of the 2017 season. He hit 13 home runs and posted a .293/.329/.542 batting line in 313 plate appearances at Triple-A, earning his first call-up.
According to the suit, the White Sox and/or Authority failed to adequately protect players from the unpadded electrical box, leaving players exposed to the sort of harm that Fowler ultimately suffered. He is seeking damages for “severe and permanent” injuries, pain and suffering, and certain medical costs.
I dunno who has less of a case, Fowler or Angel Hernandez
Um Angel Hernandez
Actually, I can pretty easily imagine this being a meritorious claim. There are some possible defenses, to be sure, but players are forced to run into the wall with some frequency in the course of their jobs and leaving a hidden hazard there (as is claimed) might fall shy of the standard of care for an entity (the team/stadium authority) that benefits from the staging of the event.
Team would argue he assumed the risk. He’ll argue he did not assume that particular risk; that it was hidden, foreseeably dangerous, etc. There will be an exchange of legal arguments and perhaps then discovery of factual evidence and then more arguing and then, maybe, a trial — but, more likely, a settlement of some kind if the case isn’t booted on legal grounds first.
No doubt MLB will be concerned about the precedent this sets. It’s an interesting situation. At the end of the day, the bottom line is it was and is unfortunate for Fowler. Mocking the poor guy who ran into the electrical box is really not the first thought that came to my mind.
Very clearly put Jeff…MLBTR does very well by having a former jurist as one of its primary writers. Thanks and I f appreciate some of your longer, measured responses in the weekly chats.
Wonderful articulation, Jeff. I felt the need to commend this comment in anticipation of what amounted to predictable responses
Thanks Jeff for the insight.
It’s called a latent defect. For sure, there’s some level of assuming the risk when a ball player decides to step onto the field and risk their body, but there should be a level of expectation that teams will provide adequate protection, since it is certainly foreseeable that a player may run into something. Chisox will settle, for sure.
have you ever heard of foreseeable negligence?
We should mock more people who run into electrical boxes. #2018Goals
At minimum this case has settlement value.
So Jeff if a fireman is injured in a fire, he should sue the municipality that he works for, for not adequately protecting him from certain hazards? Cmon dude get real. Guy took a calculated risk and lost. Be aware of your surroundings. It’s not always someone else’s fault
In everything there is always calculated risk. A baseball player shouldn’t be exposed to an electrical box near the field of play. That was simply poor design on the architect who build the stadium. There was simply no warning it was there and that is where the issue is. At least with Wrigley Field you know there are bricks behind the Ivy. The White Sox should settle. I feel this should have been kept internal between the two teams, or between player and the White Sox, but it is what it is. My fear is that Fowler will get blacklisted and won’t catch a break now because of this, but it is also possible he will never reach the potential he could have gotten too so maybe he didn’t feel he had a choice.
Your comparing apples to oranges. As a fireman, you’re expecting to deal with fires. Its not like a fireman has no idea what they are signing up for. When Fowler signed up to be a baseball player, yes he is expected to understand that he might get injured, but that shouldn’t include getting injured by stadium equipment in an opposing team’s stadium. What you’re saying here (or at least how I’m interpreting it, so if I’m wrong my bad) is basically it’s the players fault if they get hurt by workplace hazards.
Lets take a different perspective on this. Imagine a player is playing in a domed stadium (Tampa Bay Rays dome for example). Said player hits a high fly ball which hits one of the lights/beams on the ceiling of the dome causing it to fall and hit a player (whether it be him or another player on the field). At that point, you can’t blame the player saying “He knew what he was signing up for” or “Be aware of your surroundings”. The blame would be squarely on the team/stadium/MLB.
Don’t be silly Chi. They will settle. It’s not going to hurt your White Sox.
Maybe you’re missing the point entirely. If a batter is running out a grounder to first, and he loses his footing and injures his knee because there wasn’t “adequate moisture in the dirt”, or an OF spike got caught in the grass because the grass was “too long” and he got injured, then they both have a case for a lawsuit? What you’re talking about is a light falling from a ceiling that failed to be secured properly. What I’m talking about is something that is secured, in place, and highly visible to any competent player. I get it, it was his first game and he was going “all out” to impress, but that doesn’t exclude him from the fact that he has the same probability of getting injured as any other baseball player. Why are half of the bricks at Wrigley padded and the other half not padded? If a player gets injured from the exposed bricks, then he can sue because “who gets to decide where the padding of the bricks begins and ends?” Too many snowflakes in this world
Your example kinda proves everone elses point here. If a light isnt secured properly and falls on someone the stadium didnt take proper steps to ensure the safety of the players. Similarly by not padding an electrical box in the field of play the same way they pad the fences etc the team/stadium did not take the necessairy steps to ensure safety of the player. Injuries happen but injuries like this could be avoided with pretty basic steps which simply werent taken.
I think this is more of a case of if one piece of the firemans gear was produced in a subpar manner and it was unknown to the fireman but known to the city who gave him the gear. In this case, baseball players are expected to run into walls. However, there is no expectation of latent, poorly placed electrical boxes to be on said walls. Your analogy is shallow and fails to probe the entire problem. Think of it like this…if a nail was sticking out of the wall, you’d expect it to be fixed. This is somewhere between the obvious defect in having a nail in the wall and a normal wall.
Thank you. Someone had to say it.
A firefighter’s job is to go into fires and take people out of them. A baseball player’s job is not to run into an electrical box on the field.
Oh great, chitown311 being a homer towards not even his team, his teams billionaire owners who could make this a non-issue in seconds. You do know that this doesn’t reflect poorly on your team, right? It’s just a thing. Calm down and agree Fowler needs to get paid for this. It was his first game, he is 0% at fault here.
lol. You’re argument is poor. Then you follow by calling people snowflakes, which nullifies your credibility.
@chitown311
Not surprised a Sox fan would not understand and compares this to a firefighter fighting a fire.
Typical White Sox fan showing his/her lack of intelligence.
@htalpo
There is a thing called statute of limitations and without knowing what the damages can be it is hard to settle. But there could have been direct talks with no settlement reached and thus a suit filed. So you cannot say it should be internal only “between the two teams”. What two teams?
Also he is not getting blacklisted by anyone. White Sox and others appear grossly negligent here. He was in big leagues one day and it may cost his career
If he can play try telling the A’s they have to “blacklist him”. Good luck with that.
@chitown311
“Secured, in place and highly visible to any competent player.”
So Fowler is not “competent?” That is your White Sox defense for the suit? That any “competent” player would scour the field and look for exposed hazardous conditions?
Or that he should have “seen it” while running for the ball? He was running to hard to impress you say as well?
Look loser you are a complete moron. I cannot even believe you can be a typical White Sox fan. I know many White Sox fans who are not stupid. But you are just a born hate monger. I bet you never graduated high school or maybe you are just some dumb kid still in high school?
Lame analogy
Statute of Limitations on an injury claim like this is somewhere in the two-four year range (not sure about Illinois off the top of my head). He likely filed because they were taking a completely hard line stance. Nothing like actually filing to get someone to consider some sort of settlement.
Well said. I’m sure phrase future earnings may come into play. If a worker hurt on job and can no longer work then it’s litigation to decide either way . For a ball player future earnings could become much more expensive but may be hard to prove. Hopefully he will recover
Well written. I’m dubious that the defense which amounts to “he’s playing baseball, he should know better” is that strong. This was probably his first time playing on that field–why would he necessarily be assumed to know the risk that people say he was assuming? Particularly if a comparatively inexpensive method of remediation was available?
I don’t know what his chances of success are, but they probably aren’t zero. And I’m not going to pile on an athlete who suffered a serious injury for an avoidable reason.
I’ve studied business law, can confirm. He definitely has a case.
An electrical box isn’t the type of hazard one would expect to be in play at a baseball field, and there is no actual reason it has to be in play at all. It could have easily been on the other side of the wall or covered in padding.
Unlike the many other obstacles in baseball, this one is entirely due to negligence.
Not these guys walk the walls before the game? It’s not that hidden and also it’s in the stands. His knee hit the padding as well. I don’t see this as being a hidden hazard.
Don’t these guys walk the walls before the game? It’s not that hidden and also it’s in the stands. His knee hit the padding as well. I don’t see this as being a hidden hazard.
Well said Jeff, it’s atrocious how many low rent peanut gallery idiots are acting like what Fowler is doing is wrong. The White Sox are entirely to blame for this. There’s NO excuse for designing their field like that and they have to provide a safe work environment.
Hopefully this case gets thrown out immediately or it will set an ugly precedent
You are my second favorite baseball writer, coming in just behind the genius that is Grant Brisbee.
When a fan buys a ticket to a game , isn’t there a disclaimer on the back (in fine print) that says if you get hurt at the ballpark that you can’t sue the team? I’m not sure what kind of liability exists for the players at a game, but I’d assume it would be covered under workers comp. But I’m not sure on any of it.
Sounds like a good case to me if we had a fair justice system but we dont. The courts generally side with the rich. Even if he wins and the jury awards him big bucks the courts will lower the award by a significant amount
You and i ate the courts, if it goes to trial (which it won’t). The reason lawsuits favor the rich often has more to do with settlements because the price of litigation causes parties to settle for less than they are worth
“ . . . the price of litigation caused parties to settle for less than they are worth.”
Nonsense. Personal injury claims are handled on a contingency basis. IOW, the legal fee is based on a % of the recovery and does not increase with the passage of time.
Bear in mind, attorneys working on contingency fees can also have incentives to settle related to cost/time/risk.
Yes, Jeff, money always has a time value. Just as time always has a money value. That’s true for both lawyer and client.
If the above point had been that ‘lawsuits favor the rich because rich people are less likely to settle prematurely due to financial need’ I’d have raised no um, objection. But Mr. Chan claimed that the cost of the litigation itself is prohibitive, which is not the case.
McDonald’s disagrees.
No McDonalds would agree. They were very, very lucky with the end result in that case. They lied multiple steps of the way and the woman suffered severely over years and years.
Really, go look it up, it’s truly horrible and McDonalds knew something like that could happen, they were warned multiple times, yet they didn’t do anything because it would have cost them 2 extra cents per cup.
I’m glad to hear someone knows about the truth of that case. Most have never took the time to find the facts.
That is is a prime example of shaming the victim and hiding the true facts of the case behind malarky. McDonald’s won the public over with lies & deceit.
I’m assuming your talking about the coffee that was way too hot
They knew about it
They should’ve got sued !
Easily Angel
The only thing I don’t understand is how can he file a lawsuit for permanent damage when he is rehabbing to come back. it’s not like he is retiring.
You have to remember that just because you can rehab something to a useable level in no way does it necessarily translate to where you rehabbed to the level of performance that it was initially (pre-injury). In other words just because you can rehab a body part so you can use it doesn’t mean it is then as good as it was to start with.
That loss of mobility/performance would be permanent damage due to injury.
Yes, but how can he prove that it’s a permanent injury at this point? For all anyone knows, he could get back to 100% once he fully recovers.
That’s why doctors give disability ratings. Fowler also lost $$ he would have made playing in the bigs which is a factor
Now when your scouting the guy. They are going to talk about his injury. He probably lost value in him getting injured because of lost time and now they are going to label him as injury prone.
…And, Billy Beane accepted Fowler, despite his injury, as part of trade return in the Sonny Gray trade from the Yankees. Go figure. The gambler accepts the player on who he was as a healthy minor leaguer, not the damaged goods with limitations he probably will be when/if he can come back and play. Worried and annoyed A’s fan here. Bet Fowler’s rehab isn’t going well, and prompted this lawsuit. I hope I’m wrong and his rehab is going great, of course, but…The A’s need to rethink BB’s future as head man, since he seems to have all the hiring power. It’s past time for a change of energy and thinking for this team! Billy Beane’s gotta go! Sorry to ramble, but….really, it’s painfully hard being an A’s fan!
I doubt his rehab has anything to do with the lawsuit. He has damages either way
The A’s responded to all of this by saying they expect him to be their opening day center fielder. Follow Susan Slusser on Twitter. losing an entire season, your first season, is absolutely permanent. Beane is the ONLY reason the A’s have had any success since Giambi’s incident.
Oh he has a case for negligence and if turns out permanent injuries cost him his career and future earnings you are talking a huge huge case. This is not settling or going to trial for years.
Welp
What a scammer this guy is. Good luck with that law suit in Cook County.
Why’s everyone mad? He’s still a highly touted prospect and you try suffering a ruptered patellar tendon right knee injury. If this lawsuit isn’t dropped— I still don’t see it making much of a dent in the WSox’s payroll.
His injury was the saddest thing I’ve witnessed to happen to any athlete in his debut. What are the Chances he settles and Fowler gets $$$?
Ruptured* patellar tendon
I remember it was a nasty collision. Fowler played with an absolute reckless regard that day (a la Jeter head/face first into stands). However, players should have a safe playing field. But doesn’t Wrigley Field have a brick wall that spans the entire outfield???
You can clearly see that the brick wall is there. There was no warning about the electrical box and that is where the issue lies..
It wouldn’t affect the White Sox payroll either way, that’s why they have insurance for!
You’re so wise!
I’m curious as to why you think he is a scammer. Care to explain?
Not sure why you assume he’s a scammer.
The numbers on athletes fully recovering from tendon injuries are not good. It might not be as bad as Achilles but tendon injuries typically signifcantly alter a human’s ability to accelerate quickly.
If his career trajectory is adversely affected he has a decent case….why fault the man?
Scammer?? Did you even bother to read the story, or you’re too lazy, and instead are piggybacking off there comments?? Actually READ THE ARTICLE
OMG now some other idiot calls Fowler a scammer? Yea sure moron he is faking his injury. Probably planned the entire thing in your opinion.
And I love his chances in Cook County. What I would not like is to be a Defendant in that case in Cook County. Good luck with that!
I’ve never heard of this happening before. Is there any precedent?
I️ know that Doc Powers died after running into a wall in the early 1900s(1906 I️ think) but no lawsuit
Are you sure his name wasn’t Bump Bailey?
There is endless precedent for injury torts. Not sure why a baseball player’s case would be different. The White Sox have at least a duty of reasonable care and by leaving an electrical box unpadded on the playing field where high speed collisions are known to take place they were at least negligent. The damages are tangible. Why wouldn’t he have a case?
Technically wasn’t he past the foul line outside of the field of play? I mean I feel for the guy, but do the players need a protective netting just like the fans now?
This isn’t Aaron Rowand and a center field fence…
It would seem to me that a wall marking the edge of the playing surface, and especially a box on the face of that wall *protruding into the playing area*, would be “within the field of play” as they are surfaces a player might reasonably expect to encounter in the course of a game. Doesn’t matter that it hadn’t happened until now.
I think that any wall whether fair or foul territory where a player could end up colliding with should be free of hidden dangers, be it in fair or foul territory. The stakes for these guys is high….they need to make every play or they get talked about on Sports Center the next morning, they need to impress or they end up back in AAA. If they are required to take focus away from the game to dodge electrical boxes (for example) that can only have a negative impact. I think his lawsuit is unprecedented but completely justified
I don’t know if anything was *protruding into the playing area*. According to the pictures it looks like the box is on the inside part of the wall facing the stands on the other side of the padding between the wall and a top rail, It’s a pretty large box from the look of it…the weird thing is why would you have a low wall and a gap and then a rail? (His knee went in the gap and through to the box.. kind of blends in with the stairs from most video angles.). Why not just a normal sized wall? what is a foot tall that needs to see through the gap?
It’s a really weird situation and as I said I feel for the guy. I’ve just always understood that players enter the stands at their own risk. Maybe I’m wrong. The gap in the wall and rail really is unnecessary right there though.
If you are going to eliminate foul ground and use “wasn’t in the field of play” as a defense you would have to be able to explain how foul outs are legal in baseball.
I agree with you. I urge anyone interested in commenting here Chirstine check out the YouTube video.
I’m not sure how this question is relevant. Lots of stadiums have expansive foul territory short of the stands. Are you claiming that if they left tools laying around in the grass out there and somebody broke their ankle that it would be okay because it was in foul territory?
Negligence is negligence. On the merits, I think this guy has a very strong case. The real question is whether or not there is something buried somewhere that would prohibit this lawsuit. Is there something in the CBA requiring claims to be handled via arbitration or anything like that, where a court would throw the lawsuit out on process grounds before it really began? If the suit proceeds, I expect a quick settlement and a chunk of cash making its way into Mr. Fowler’s bank account.
Except that box isn’t on the face of the wall or *protuding into the playing area*…
From the field of play, the electrical box is completely behind the padded part of the wall and padded railing. The problem is that it’s height puts it right in between the padded wall and the padded railing, so the player’s knee can go right past/through all the padding directly into the electrical box.
“And he didn’t feel there was anything negligent on the part of the White Sox or MLB regarding the metal electrical box that he crashed into last Thursday night at Guaranteed Rate Field.
“I can’t say that I wouldn’t have been hurt if I didn’t hit it,’’ Fowler said Wednesday at Yankee Stadium, his first public appearance since suffering an open rupture of his right patella tendon. “I could have easily torn an ACL if I didn’t hit it.”
“It’s easy to blame something like that, but right now I think it’s just unfortunate,’’ Fowler said. “I would have liked to have not hit it, and see what happened, but I’m not really blaming anyone or anything for it, how it happened or why it was there.’’
I guess he, or a lawyer, changed his mind…
OMG elmedius. Stop the presses! It was located on the foul ball side of the play so it does not count? Seriously that is your point? Wow
But what about the sprinkler heads that used to be in the outfield grass cause injuries, players used to step on them
and hurt their kness. Would they now be considered for a lawsuit like this other case like Fowlers?
I didn’t know those specifics, but if an unpadded electrical box is in foul territory, seems like equipment that should definitely have had some safeguards in place. Not like it’s a stickball game in the local park
“I’ve never heard of this happening before. Is there any precedent?”
I have never heard of it. I know fans have sued for foul balls etc. He may have a case though simply because an protruding un-padded box like that is not something you expect. It’s iffy but possible.
Fans cant get squat due to fine print on tickets. I cant believe the players contract does not limit the rights of players to sue beyond a MLBPA filing a grievance on their behalf.
It strikes me that Fowlers injury may have a far worse prognosis than we have been led to believe since suing a member of the good old boys club can land you in hot water career wise.
I am surprised that this was the first mention that maybe his rehab is not going as expected. It was the first thing that came to my mind. Why else would he sue unless his future earnings are going to be effected in a significant way?
“Fans cant get squat due to fine print on tickets.”
@22222pete……Keep in mind that there are still cases making their way through the system. While the disclaimers are valid, there may be exceptions. All stadiums have netting behind home plate because a ball fouled back is moving too fast for a spectator to react. There is netting down both lines as well and cases moving through the system right now will determine if it is enough.
Do I think any suit will be successful? I have no idea. It’s possible that with todays tech that it may be determined that there is not enough reasonable time for a fan to react in that situation as opposed to a home run ball where a fan has time to “track” the ball.
As for “I cant believe the players contract does not limit the rights of players to sue beyond a MLBPA filing a grievance on their behalf.” a player can sue after a failed arbitration hearing but generally, unless there was misconduct by the independent arbitrator, the suit will be dismissed. That’s why, even after all his threats, A-Rod never sued. I know there are strict confidentiality clauses in the JDA regarding release of info but I haven’t had time to read the CBA in regards to grievances.
For instance, in the JDA if a player files a grievance regarding a violation of drugs of abuse and wins, we would never know about it as the info that a hearing even took place becomes confidential. I’m just not sure what the confidentiality rules are concerning grievances involving a situation like this.
If you like here is a link to the CBA…I will be gone a good part of today and don’t have time to read it.
mlbplayers.com/pdf9/5450407.pdf
There is a similar type case by Reggie Bush from the NFL against St. Louis for when he slipped on the concrete after running out of bounds and damaged his knee. Not sure where it stands.
Rob Ducey sued his own team (Jays) and the stadium when he injured his knee on concrete when a piece of the fence became dislodged. They settled for $700k back then. But the earning potential of a fringe player like Ducey back then would be a fraction of what it is for a decent prospect like Fowler today.
Sounds like a case for Judge Judy.
Real cases. Real people. Judge Judy.
I think they should let Aaron Judge handle it.
Perhaps he’ll win this case and get a guaranteed rate on a 30 year fixed rate mortgage.
Anyone can get that but a its a much higher rate
The funny thing about this is that some day people will look back on this as the first case in which an active MLB player sued a team, and most will confuse Dustin Fowler with Dexter Fowler.
Wasn’t Curt Flood the 1st player to sue his team? I believe it was over free agency.
I think Jose Cruz Jr. sued the state of Florida for dropping that ball in the ’03 division series and won a gift card to Buffalo Wild Wings. Totes worth it.
Oh, this just great…as an A’s fan this lawsuit leads me to believe that his rehab is not going well, which is not good for him, but, which also may mean that the A’s Billy Beane has made ANOTHER bad trade. Fowler was one of the prime return players in that Sonny Gray trade. Sonny Gray was the A’s ace (if you can call him that), their best pitcher. So far, no one returned in that trade has done any playing, as far as I know. That’s three players, zero benefit to the A’s, and they traded that for Gray. Billy Beane might have been Mr. Moneyball some years ago, but he’s being outplayed, by far, by the rest of the leagues GM’s these days! Tired of all the excellent players going out and mediocrity coming back in. Something is wrong with that picture, Mr. Beane. Mr. Beane needs to be Mr. Has-Been, and gone!
First of all, the players involved in that trade were injured at the time, and everyone knew that they were injured. Of course they wouldn’t have played since then.
Secondly, I’m glad you’re judging a trade only a few months after it happens. In the most sarcastic way possible, you can *definitely* always tell the complete impact a trade will have within a few months of it being made. Maybe it’ll be a good trade and maybe it won’t, but nothing that’s happened since then is really anything unexpected, so give it some time because all three of the guys Oakland got back have some solid upside.
Doesn’t necessarily mean his rehab is going poorly. From what I’ve gathered a patella tendon injury is more severe than an acl/mcl/etc. tear; you have to also remember that Fowler will have access to high quality physical therapy and that he’s also in far better condition than the average person.
I would think it’s more likely that his agent has advised him a lawsuit would be in his best interest, since there is always the chance he might not recover fully. The damages he’s incurred, as a previous poster stated, are tangible and do have the potential to affect future earnings.
I would also think MLB would have pretty good protections in place to prevent this sort of thing from happening, since it wouldn’t be beneficial to the league if players could sue opposing teams left and right for injuries that occurred in their ballparks. The fact that he’s brought this lawsuit leads me to believe he has pretty good grounds for a case.
Yes, sadly this may be true
Yeah, Jorge Mateo is the only guy to have played any games in the A’s system, and all he did was post an .850 OPS and play above average defense at short.
I’m also confident Kapreilian will come back just fine from TJS. Fowler is the only wild card at the moment.
Sonny Gray has never had more than 4 WAR in a season, he’s a solid back end guy on a contending team like NYY.
Ouchie
I definitely don’t remember him running into any kind of unpadded box?
And actually, just going back and watching the injury – whatever he ran into was definitely padded. Is the argument that it’s not padded *enough*?
It is alleged to have been un-padded. This article from the time of the incident suggests that was the understanding at the time: nj.com/yankees/index.ssf/2017/06/yankees_joe_girar…
Otherwise, I can’t tell from looking at the images. Perhaps the box was accessible behind the padding? Not clear. But that’s all the sort of thing that would be sussed out in the process of litigation.
Yeah I can’t see anything in the images either. I guess it’s something right behind the wall above the padding level I just can’t spot it
Watch the video again Jeff. You should be able to see a silver Rectangular electrical box that his knee slams right into it. No reason that shouldn’t be covered and whoever is the facilities crew there really messed this up. youtube.com/watch?v=WH4AAelZd18
I watched it as well. There is a small gray box between the padding and upper rail but it isn’t protruding in any way. His feet went under the padding at the base of the wall. I could be wrong but I don’t see how that little box caused the injuries that he sustained. I remember watching that game. It really sucks he got hurt but I do find it strange to wait so long to bring all this up.
There’s a YouTube video of his right knee slamming into a silver box about 2’x1′ which is indeed uncovered. You have to get the camera angle from center field to see it. I think he has a case here.
Poor guy… when he goes down he looks like he’s wondering if he’ll ever play again. I had a knee injury and it took 6 years to fully heal. Squatting has never been the same.
I found images of that box on google images, so now I at least see what they’re referring to. It honestly looks to me though that he hit the wall about 8 inches to the right of that box.
But either way I agree that you have to feel sorry for the guy about the injury.
I realized the video MLB has up doesn’t show the best angle, which actually appears to be down the third base line more towards the outfield. From that angle, you definitely see the power box move when he hits the wall.
Yes, I had a similar injury back in the early 90’s and it too took years to heal. I never did get full range back. I lost my ability to grab a basketball rim (I’m only 5’9″) as well as my ability to make quick side to side movements (like the quick first step and lateral movements a SS makes). Of all the many injuries I had playing multiple sports it was by far the one that made the biggest negative impact.
Are you a pro athlete with the same access to rehab and med teams? Then its not the same thing.
I was afraid of Fowler’s rehab not going well as that was a beyond nasty injury he suffered and I felt so horrible for him that night. I was so excited to see him debut and then that happened smh. Cashman was smart to take advantage of beane’s gamble that he was willing to take. I believe that gray is going to take that next step this season
I doubt it.
Sonny Gray is who he is. But I agree this doesn’t look good for Oakland
The Astros had a giant metal pole in their outfield for years. On a hill. For no reason.
At what point do players ever hold their unions responsible? Isn’t that their job?
I don’t quite understand (I do, actually, they are listening to lawyers) players who hold their leagues totally responsible and their unions totally blameless. For example, the NFL and the NHL were supposed to have known about CTE even though the science is new, but…the NFLPA and NHLPA had no such obligation, evidently. Even though looking after the safety of their member is job one.
That said, probably don’t need giant metal boxes in the playing field.
Thank you. I was thinking the same thing! I remember a few balls hit towards it where the fielder was thinking I gotta watch out for that pole… and oh yeah… that ramp of field That is not flat leading up to the stupid pole.
Next thing you know they’ll be suits over players going into dugouts, camera wells and stands that aren’t padded enough.
Just curious. Had a current White Sox player suffered the same injury the same way Fowler did, do they sue as well? not that it makes a difference on whether or not this lawsuit should or shouldn’t happen. just wondering.
Why is no one bringing up that it was his first EVER game in MLB? He’s never been in the park before, he’s never played at the highest level before. Everyone is acting like he’s the same as Harper. The only precedent this sets is for players playing their first game.
Can of you naysayers give me one good reason why a multi million dollar sports franchise has an electrical access panel anywhere close to the field of play?
Homerism means facts don’t matter and siding with billionaires over a 22 year old athlete with a limited time to play the game and maybe make money.
It’s a primary assumption of risk case. Depends on the standard of care used throughout major league stadiums. There is legal precedent for other injuries that have occurred in baseball but don’t know on this particular one. At the very least I️t should set a precedent to prevent this from happening in the future.
No because it’s part of your job to know the field and the layout of the field you’re playing in. It’s your own negligence.
He had just been called up and players are not allowed fielding practice these days unless the team initiates it
Mickey Mantle got his cleat caught in a drain at Yankee Stadium in the 1951 World Series (his first) and wrecked his knee for the first time. Before the injury, he was supposed to be faster than Ty Cobb. As it was, after several knee operations, he could barely run, though he was always a great hitter. Can you imagine how much damages he could win in a lawsuit if it happened today?
Yeah, that truly ruined his career.
Mantle had many surgeries on both knees
and it caused him to have to retire early. He drank a lot
and took a lot of meds just to try
and kill the pain
and eventually died of live disease. So sad!
Yeah it really prevented him from making the Super Hall Of Fame. lol
Mo Vahun angels stadium fell in the dugout no safety railing.Ruined his career before then a lot of stadiums had open dugouts .Now I don’t think there are any that way anymore ?
Definitely sets a bad precedent but I’m sure every owner out there is going to double check their parks
I don’t remember Rowand suing philly when he split his face open on the centerfield concrete. Funny thing was it was one week before they were about to put padding on it at his request.
If this lawsuit is successful, it really could open up a Pandora’s box. Anybody that has ever been injured in any sporting event would have an avenue to sue. Hitting a wall, getting a cleat caught in turf, etc. could claim negligence on the part of the stadium. Granted most wouldn’t be successful, but that wouldn’t stop them from clogging the already clogged civil court system.
Dumbest post of the year.
Pretty rich coming from the guy making the same, incredibly invalid, post 10 times on this one thread. Your stance that, literally no matter the situation, we should side with the players, is confusing at best. And you’ve posted it over and over.
youtube.com/watch?v=W1ofxTxlrlg
As an A’s fan, I don’t like this kind of news. Doesn’t give me much confidence he’ll return to full strength and be the player he’s capable of being
I hate frivolous lawsuits, but as a twins fan I like the ideal of the white sox losing money… I’m torn.
Not a frivolous suit. Electrical box is the only thing not padded in that area and it is basically the same color as all of the heavy padding on everything else. Sox/Stadium authority stupid for having an unprotected steel box in that area.
You really need to go see an eye doctor if you think they are “basically the same color.” The electrical box is gray and the padding is dark green. It’s really not even close… If you want to say it blends in with the concrete stairs, you may have an argument.
Either way, it probably should’ve been padded.
It’s a rare occurrence and also a bit ridiculous that It has become public. You would have figured this would have gone to arbitration. But, it sounds like the White Sox want to make some noise about their stadium situation. There are a lot of concerns about Fowler’s situation and how it plays out in his recovery. There’s also business and practical differences in service time and health insurance between the major league level and AAA. Since Fowler was injured at the major league level he earns service time at the major league level. Once he is active again – if at the AAA level rather than the major league level – that’s a huge decrease in compensation and different health insurance.
This is actually a pretty basic lawsuit. I imagine this’ll get settled. I don’t know everything there is to know about what MLB players can and can’t sue about but this is attenuated enough from typical issues related to the gameplay of baseball that I doubt he waived his ability to sue on this one.
As far as permanent damage goes, they have a very specific way of determining that. If the doctor says that he’s reached the point of maximum medical improvement and his knee has some measurable deficiency, it’s a permanent partial disability. For me it was a finger injury and they literally took a protractor out and measured the angles my knuckle could bend, looked it up in a book, and sent me a check. Just because he’s still rehabbing his injury for baseball purposes doesn’t mean they can’t make determinations about wherher or not there was permanent damage.
I clicked on the title thinking it said ‘Dexter Fowler’ and was like “Wait what did the White Sox do to him??:” lol
LOL, that makes 2 of us and I am not even a Cards Fan!
Frggin frivolous pu$$y. Could you imagine if people with real jobs like lumberjacks sued over “widow makers” or other job hazards? Or how about firefighters, such as the one who just sadly perished in California. This is just another pathetic example of what has happened to our country. Jeremiah Johnson just rolled over (and wrestled a bear) in his grave.
You would be the first one crying to Larry H Parker if you sprained your finger trolling.
Exactly. The lumberjack’s family would sue if an electric line was not marked and was hidden yet the owner of the trees being cut knew the line was there but never alerted the lumberjacks it was there and did not have it marked. and a lumberjack sawed into it and was injured and he/she had to quit being a lumberjack because of the injuries.
You’re comparing him to firefighters and lumberjacks….and calling him names. It is not that serious. A firefighters job is to risk their live to fight fire. A baseball players job is totally different.
Please try to use critical reasoning. Some injuries and risks are expected within a work environment, but some are not.
The firefighter was killed as a direct result of the fire. Being a firefighter, he probably was aware that fires are a thing.
Dustin Fowler is a baseball player yet his injury was not caused by a baseball or a bat. There are no electrical boxes mentioned in the MLB rule book. A dangerous hazard like that is way outside the expectation for what a player has to deal with.
If a firefighter were instead killed by a tiger inside a house, would you be saying he should have expected the risk? Because that’s how absurd you sound.
Reflect for the win
Sorry guys, I was just doing an impression of what dumbass Trump fan would say to overcompensate for his small pecker.
I wonder if this will affect his career long term. I mean the lawsuit..not the injury. I wonder if he could be black balled
I think MLB will be watching this very closely and do what they can to make certain Fowler loses / suit gets thrown out. A win by Fowler could open the league to an endless amount of litigation – just imagine if Bryce Harper suffered a career altering knee injury during a game where many believe should have been delayed if not postponed. Pretty sure he wold sue for a lot more than Fowler is.
I agree, time to make the bags softer, and put a double bag at first too! This doesn’t hurt anything and makes the game safer.
Except this thread has provided nothing but straw man arguments about Harper injuries that have never happened or caused him to miss as much time as Fowler.
Can’t believe an owner of a stadium would be stupid enough to have anything within or along the field of play that would not be padded. It is one thing if it is a stadium like Wrigley where the entire wall was brick. A player would know that there would be no protection except for the ivy and they would assume the risk because it is a known risk. When you put something like an electrical box where it can be run into and it is not padded and everything else around the box is padded. Should be an easy case to prove for the player and most likely will be settled. Can not believe it was not settled prior to this point. Not the kind of PR MLB, the stadium or the team would want..
MLB owners are all awful people. Every single one of them. They make 10x as much as players do, yet the fans never hold them accountable and they hold players accountable for ONE play that took 2 seconds to happen. It’s horrendous.
I saw the game and when he hit the box the first thing I said was that I couldn’t believe it wasn’t padded. I’m sorry but in today’s game everything should be padded. The fence in Wrigley should be taken down and the new one should be padded. Since the players dive into the stands the first three row railings should be padded. Good luck to Fowler.
Are you a let the QB play bubble wrap or a red jersey kind of guy too?
I”m not picking sides in this case, because I don’t know too much about this kind of litigation. The last time I tried to predict a court case was OJ, and I thought he was guilty. However, I have watched hundreds of games at that park, and never once have I noticed an electrical box dangerously protruding or unprotected along the wall. I have thought that the fence was too low. Alex Gordon was lost for a year running into that fence along the left field line.
You would think that having a brick wall as an outfield fence which is not padded would another example of knowingly ignoring a dangerous situation.
That and purchasing seats down the first base line when Pedro Alvarez is playing 3rd. Dude couldn’t hit the broad side of a barn with his throws.
My first thought was, don’t the Cubs still have a *brick wall* in the outfield?
Yes, and everyone knows it’s there.
So many morons in this thread totally ignoring that it was his first ever game in MLB and in Chicago.
Yah and the players know it hurts if you run into it, so they try not to….
Being an electrician, an exposed electrical box on the playing field is utterly stupid place for one. There are many other ways that a box can be placed. Like outside the playing surface. Or at the very least placed under the ground.
It is not a reasonable spot to find a box, so in no way should a player find one on the field of play. Whomever accepted this place for a box should be fired.
Except it’s not “on the playing field,” unless you also consider the first row of seats part of the playing field… It’s clearly outside of the wall and not “protruding onto the field” in any way. The problem is the padding doesn’t go high enough to block it from the players. Either way, I’m sure they’ll end up settling.
Either way, you are siding with owner over player. Stop that.
So the player is always right?
Sox probably would’ve been cool with him stopping before the wall, Yankees wouldn’t have been tho. He should sue the Yankees for motivating him to run into a wall
I remember several years back, an outfielder for the Brewers (Ben something) had a stem from the ivy poke him in his eye. The dude had blood streaming down his face from his eye. Always thought that potential existed but perhaps others don’t find it that concerning.
So Vince Coleman should have sued when the tarp tried to eat his leg back in the 80’s. Different times I guess.
Did Coleman miss an entire season? Quit making up BS examples that side with owners over a player.
Not making up anything nor am I taking a side. Coleman missed this little thing called The World Series. Maybe do a little research before calling an example BS. stltoday.com/sports/baseball/professional/the-day-…
He missed the entire World Series which made a big difference .
So let’s get rid of outfield walls,or steps in the dugouts. Plus that damn base almost cost Bryce his ACL, so bases should be paper plates like when we were kids. Also let’s play with tennis balls because those hard balls hurt when they hit you in the batters box. Maybe just maybe he could try a workers comp case but again in Cook County it’s a stretch
None of those things are comparable at all to an electrical box, which doesn’t actually need to be there. Stairs are necessary to enter the field/dugout. Bases are a part of the game. Also those things are standard across all 30 stadiums and thus do not fall under “unforeseen hazards”.
The difference here is that the electrical box could have been located anywhere in the entire stadium (like in a hallway somewhere), yet the White Sox chose to put it right there in a high traffic area. It’s a stupid decision and they are absolutely liable for it.
Dear god STOP taking the sides of the owners.
Timing of this, kinda suspect?
You mean, the 6 months it took for his lawyers to draw up the case? That’s normal.
Is it?
Interesting discussion. I would argue that if the box was not marked, the player has a case given the unforeseen nature of the obstacle. You probably don’t remember Mantle tearing up his knee in 1951 on a sprinklerhead. Somewhat similar….
I like turtles
Jeff Todd, you did a good job explaining the potential case. Couple of other things. He is employed to play baseball, entirely different than paying to watch baseball. Yes, you do assume a lot of risk going to a game, but plenty of fans have been hurt, and won cases due to injuries at the game. The team has a responsibility to provide a safe environment outside of the inherent risks of watching the game. Also, think extending the nets is just a nice safety thing to do? Think again. Teams and Stadiums have to do reasonable things to protect you from those inherent risks. Extending the nets is very reasonable, and to not do so opens them up to liability.
Also, as a player/employee, the team and stadiums are tasked to provide a safe work environment. All jobs have some inherent risks but it is still up to the employer to provide compensation if injured on the job despite those risks. Plenty of athletes have received workman’s compensation payments based on the rules of the state in which the team plays based on injuries that happened while they played. Additionally, since the White Sox and their stadium authority are charged with providing a safe environment and failed to do so (no way a hidden electrical box is an inherent risk) Fowler has a legitimate claim against the Sox and the stadium authority.
Another day, another thread on MLBTR where posters side with owner over player.
This is actually worrisome.
I don’t understand your logic as if players are infallible, this case aside.
Lol this guy is commenting on many comments with the exact same comment: “siding with owner rather than player.” Ok bud, we get your message. No need to be a broken record.
Huh, I looked up the play. I don’t see any electrical box. I wonder what’s going on here.
mlb.com/yankees/news/dustin-fowler-injured-in-firs…
It’s bizarre to me that White Sox fans think this is somehow a black mark against their team. It’s just a thing, things happen. Fix the box and pay Fowler, the end.
I hate to see this but I don’t see how he can win this case. You don’t tear a patella tendon from the blunt force of running into an electrical box which, if hit hard enough, would dent and don’t see any dent. He hurt his knee because his leg or spikes had to get stuck as he hit the padding. I think some lawyer got to him. And there are plenty of sleazy lawyers in Chicago. I think Chicago leads the league in sleazy lawyers.
I dunno, but if this box was really a danger, then why is Fowler the only guy to hurt himself on it after how long it has been there? Sure, the Sox can pay and move on, says every Cubs fan and other team homer on the board.. Fine. What happens when a player sues your favorite club for something like this then? I’m guessing, for many, their answer would change REAL quick.
IMO this sets a really bad precedent like others have noted. What is next? a guy slips on wet turf after a rain delay and sues the team for an injury because the field did not ‘drain well enough’? A guy jams his hand in a base and wrecks his wrist and sues the base manufacturer or the club for not securing the bag properly according to them and their lawyer and ‘paid for’ doctor? Players start suing because they missed a key fly out in the lights and got a concussion when the ball hit them in the head because the lights are positioned poorly, according to the player?
My point exactly.
But some injuries are part of the game
This injury wasn’t ! It was negligence in the part of the Sox for not having a safe playing arena!
He should sue Jose Abreu for hitting a ball that couldn’t be caught in a “safe” manner. Then sue Rawlings for providing a ball that wasn’t catchable in a “safe” manner. Then sue Louisville slugger for making a bat that hit a ball that couldn’t be caught in a “safe” manner.
White Sox should counter sue the Yankees for not training their young Outfielders to look where they’re running.
Seriously though, this sh** right here is why I can’t stand today’s society. I’m not even “old” by any means. I hate this current up and coming generation. Bunch of finger pointing whiners blaming someone else for their shortcomings in life. Good thing Fowler didn’t play in the 70s or 80s when some parks still utilized chain link fence for the entire outfield wall. “How dangerous” that would’ve been for him. I mean this dude is like 8 years younger than me so I am not sure how little league fields have changed in about a decade but when I played little league and High School baseball the outfield walls were metal poles and chain link fences with no padding whatsoever. How did he make it out alive, haha. Not only is this a bi**h millennial move, but what “medical” costs is he suing for? Don’t teams treat their injured players at no cost to said player?
I’m most definitely not a Sox fan either but a Cubs fan. I guess Schwarber “had a case” then and could’ve sued Dexter Fowler for running into him in 2016. I mean… what a jerk amiright?
Better yet, I think the Sox should pay up but make the stipulation that from now on Fowler and ONLY Fowler has to wear pads from head to toe. Pretty much a football player’s setup to, you know, protect him from further injuries that “aren’t his fault,” I think it would be hilarious seeing a padded up moron playing the OF in full football garb. Better yet…. make him wear goalie pads, haha. Gotta protect those kneecaps.
@KB
You thinking Schwarber could sue Fowler as a comp for this shows you just have no clue about anything as usual
Good luck trying to get any money out of the Reinsdorf estate. HAHAHAHAHAHA
A couple people have posted comparisons to firefighters. Interestingly, there is something called the “Fireman’s Rule,” which severely limits firefighters and police officers from suing in tort claims for injuries obtained in the line of duty. This is an exception to American law’s general move away from “assumption of risk” being an absolute defense. (In the old days, workers who were foreseeably injured in dangerous jobs almost never received compensation. Both the common law and eventually statutory schemes like worker’s compensation changed this unfortunate situation, but the Fireman’s Rule applies in most jurisdictions.) The idea, at least as my Torts professor taught it, is that people who witness or negligently cause fires and crimes shouldn’t be dissuaded from calling emergency services because they are worried that firefighters and police officers will sue them if they are injured in the line of duty. Furthermore, part of the rationale is that emergency responders have special training and skills that allow them to become the “cheapest cost avoiders,” meaning that they can assess the risks and benefits of engaging with an emergency far better than ordinary people. In exchange for giving up the right to sue for negligence, emergency responders should receive better than average compensation and coverage from their employers for on-the-job injuries.
Despite Dustin Fowler’s skills on the baseball field, he is unlikely to be the “cheapest cost avoider” in this situation. The White Sox and those who maintain their stadium are in a much better position to assess their grounds for potential hazards than Dustin Fowler because they (a) have the superior skill set and (b) get paid a whole lot less for their time than major league outfielders. (Imagine Giancarlo Stanton inspecting every part of the stadium where he might run to make a play–huge waste of money). So, there’s no reason to exempt the White Sox from tort if they failed to take ordinary care in making their baseball stadium safe for ordinary use.