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Will Metal Bats Make a Hit? Product Liability and the Legislation of Baseball

By Alan D. Kaplan and LisaMarie Collins

The crack of a baseball flying off a wood bat ' the sweet sound of America's pastime. Baseball has been a part of American culture since the 1800s. The latest generation of baseball fans, however, has perhaps become more accustomed to the ping of a metal bat. Recent attempts to ban the use of non-wood bats, based on the perception that they may have changed the game and increased the potential for injury, have gained more steam and publicity. Proponents of a ban appear to be more prone to raise the issue in legislative forums where strict product liability standards are not necessarily controlling.

In the beginning, things were simple. Players made their own bats, all from wood, experimenting with different shapes and sizes depending on their personal tastes and preferences. Bernard Malamud's mythical character Roy Hobbs in 'The Natural' owed his success, in part, to his famed wood bat 'Wonderboy,' which he personally handcrafted. Rules seeking conformity as to the type of bats used date back to 1859, when it was determined that bats could be no larger than 2.5 inches in diameter. By 1869, a baseball bat could be no longer than 42 inches.

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