The Maple Bat Effect, con't.

As we wrote in today's column (linked here) about the conundrum over the MLB's use of maple bats -- mostly, the affect these splintered objects have become as more than just weapons of mass distraction -- here's a better visual about what's going on here:

What can you do?
Check first the back of your ticket stub. The language is quite clear who's not at fault if you get hit by a flying bat (or ball, or whatever):

WARNING -- ASSUMPTION OF RISK:
By using this ticket and entering Dodger Stadium, the holder assumes all risk and danger incidental to the game of Baseball, whether such risks occur prior to, during, or subsequent to the actual playing of the game, including specifically (but not exclusively) the danger of being injured by thrown bats and thrown or batted balls. The holder further agrees that Los Angeles Dodgers LLC, Dodger Tickets LLC, the participating Clubs, and their agents and players are not liable for any injuries from such causes.

It says nothing, of course, about bats that are broken and fly into the stands -- only "thrown bats," which occasionally happen when the bats fly out of a batter's hands and land in the stands in tact.
This language, for now, is what protects the Dodgers from having to pay out any kind of insurance money to Sharon Rhodes of Sherman Oaks when her lawyers contacted the team after her injury suffered on April 25 at Dodger Stadium, when a piece of the bat belonging to Colorado's Todd Helton snapped off and hit her in the jaw. The family is still considering suing the bat company. Or someone.

Here's a link to the Yahoo.com story by Jeff Passan that revealed Rhodes' story a month ago.

Here's another link to a story from SI.com's Jack Donovan that gives the bat maker's opinion on the subject.

So what would happen in a jury trial, of you get 12 citizens sitting in the box deciding who's more at fault -- a fan who happened to get hit and killed by a sharred bat, or the team, based on this language in small print on the back of the ticket?
Are you willing to take that risk sitting in a seat so close to the field?