2019 Opening Day 25

[calsnowskier]

Could even tie his loss of job due to employer negligence?

Exactly. That’s my point. That spill could be blamed for the ending of his career.

 

[tzill]

Could Mac possibly have any chance for a lawsuit? The Giants have gotten a lot of criticism for having the pens on the field, so they can’t claim that the safety concerns were not foreseen. And they are the only pens still on the field in the whole league.

Not a chance. the legal theory is "assumption of the risk." The mounds have never moved, and they're in plain sight.

 

[LHG]

Not a chance. the legal theory is "assumption of the risk." The mounds have never moved, and they're in plain sight.

Does the type of employee a ballplayer is not change that? They aren't really at-will employees because, while the team can terminate the player, the player cannot just walk away and get hired with another team. In order to pursue a major league career, a ballplayer has to play for one organization that owns his rights. That wouldn't make a difference in consideration? While they are in plain sight, they are also put within a space that, it is assumed, is within the area that the employee must cover. If an employee working at a grocery store had to navigate around a pool of water kept in the middle of the workspace, when the employee inevitably slips on that pool due to its location, is not the employer at fault for placing a hazardous item in the middle of work space?

 

[calsnowskier]

Does the type of employee a ballplayer is not change that? They aren't really at-will employees because, while the team can terminate the player, the player cannot just walk away and get hired with another team. In order to pursue a major league career, a ballplayer has to play for one organization that owns his rights. That wouldn't make a difference in consideration? While they are in plain sight, they are also put within a space that, it is assumed, is within the area that the employee must cover. If an employee working at a grocery store had to navigate around a pool of water kept in the middle of the workspace, when the employee inevitably slips on that pool due to its location, is not the employer at fault for placing a hazardous item in the middle of work space?

Particularly when there have been multiple complaints about the location of said pool.

 

[tzill]

Does the type of employee a ballplayer is not change that? They aren't really at-will employees because, while the team can terminate the player, the player cannot just walk away and get hired with another team. In order to pursue a major league career, a ballplayer has to play for one organization that owns his rights. That wouldn't make a difference in consideration? While they are in plain sight, they are also put within a space that, it is assumed, is within the area that the employee must cover. If an employee working at a grocery store had to navigate around a pool of water kept in the middle of the workspace, when the employee inevitably slips on that pool due to its location, is not the employer at fault for placing a hazardous item in the middle of work space?

Well, in short: no.

But a couple of points:

1. Baseball players are "at will;" they can walk away at any time. They can go to another country and play, or an independent league, or become tax attorneys (eeeewww), etc.
2. Nature of employment wouldn't have any bearing on the employer's negligence. These are two different concepts.
3. Your analogy isn't a good one; a pool of water is a known hazard and violates OSHA law. Mounds, flagpoles, unpadded fences are not violations. There is no reasonable expectation for a SF baseball player that there will be no mounds (or padded walls).
4. A baseball player has the agency to choose NOT to run into a wall, over a mound, into a flagpole, etc. Therefore, he assumes the risk.

All that said, I think putting the mounds on the field is stupid. They should be out under the right field arcade and people walking by on the Port Walk would be able to watch them warming up.

 

[LHG]

Well, in short: no.

But a couple of points:

1. Baseball players are "at will;" they can walk away at any time. They can go to another country and play, or an independent league, or become tax attorneys (eeeewww), etc.
2. Nature of employment wouldn't have any bearing on the employer's negligence. These are two different concepts.
3. Your analogy isn't a good one; a pool of water is a known hazard and violates OSHA law. Mounds, flagpoles, unpadded fences are not violations. There is no reasonable expectation for a SF baseball player that there will be no mounds (or padded walls).
4. A baseball player has the agency to choose NOT to run into a wall, over a mound, into a flagpole, etc. Therefore, he assumes the risk.

All that said, I think putting the mounds on the field is stupid. They should be out under the right field arcade and people walking by on the Port Walk would be able to watch them warming up.

Thanks for the clarifications. Obviously, I'm not an attorney. I thought that because a player's rights are controlled by one team and couldn't just go get hired at another "firm" across the country if he wanted better pay or more exposure that "at will" wouldn't be applicable. But I'm not familiar with the full definition of "at will".

 

[tzill]

Thanks for the clarifications. Obviously, I'm not an attorney. I thought that because a player's rights are controlled by one team and couldn't just go get hired at another "firm" across the country if he wanted better pay or more exposure that "at will" wouldn't be applicable. But I'm not familiar with the full definition of "at will".

Quit rubbing it in....

 

[calsnowskier]

Thanks for the clarifications. Obviously, I'm not an attorney. I thought that because a player's rights are controlled by one team and couldn't just go get hired at another "firm" across the country if he wanted better pay or more exposure that "at will" wouldn't be applicable. But I'm not familiar with the full definition of "at will".

And that’s why we like you more than we like tz.

Spoiler

 

[LHG]

Quit rubbing it in....

And that’s why we like you more than we like tz.

Spoiler

Does it make it better (worse) that I'm married to an attorney?

 

[calsnowskier]

Does it make it better (worse) that I'm married to an attorney?

Is she hot?

 

[LHG]

Is she hot?

 

[LHG]

The Giants/A's should combine and play under the name Bay Area Geriatrics.
Giants have oldest team in MLB, Padres youngest

 

[calsnowskier]

Spoiler

Is mrs LHG looking over your shoulder?

 

[LHG]

Spoiler

Is mrs LHG looking over your shoulder?

Someone as intelligent, ripped and drop dead handsome as me is going to have a smokin' hot chick. How dare you even insinuate otherwise.

 

[calsnowskier]

Someone as intelligent, ripped and drop dead handsome as me is going to have a smokin' hot chick. How dare you even insinuate otherwise.

Oh...

THATS the game we’re playing...

 

[LHG]

Oh...

THATS the game we’re playing...

 

[SFGRTB]

Regarding Mac: Did the park’s name change bring a corresponding change to the pen’s location???

Not yet, however this is apparently year 1 of a five year plan to renovate the ballpark. Maybe it's coming down the line.

 

[calsnowskier]

Not yet, however this is apparently year 1 of a five year plan to renovate the ballpark. Maybe it's coming down the line.

If they get rid of triples alley, I will be so pissed.

Bob Fitzgerald is already painful to listen to. Having to hear him gloat on and on about that will make my ears bleed.

 

[SFGRTB]

If they get rid of triples alley, I will be so pissed.

Bob Fitzgerald is already painful to listen to. Having to hear him gloat on and on about that will make my ears bleed.

I have reduced my KNBR listening to my commute home from work. Everyone else is just unbearable to me.

But yeah I hope they don't take that away, I also don't think they will. But you never really know. If Baer is gone, maybe the new business partners want to shake things up

 

[calsnowskier]

I have reduced my KNBR listening to my commute home from work. Everyone else is just unbearable to me.

But yeah I hope they don't take that away, I also don't think they will. But you never really know. If Baer is gone, maybe the new business partners want to shake things up

I can’t stand most of the personalities either. Tom and Brooks may be the only two I can stomach. But i sit in front of the comp all day, so I need to listen to something...