Problem
While pitching in an American Legion baseball game on July 25, 2003, 18-year-old Brandon Patch was struck in the head by a batted ball that was hit using Hillerich & Bradsby's (H & B) model CB-13 aluminum bat. Tragically, Brandon died from his injuries.
The Patches brought suit against H & B for the wrongful death of their son on the grounds that the CB-13 aluminum bat was in a defective condition because of the enhanced risks associated with its use: it increased the velocity speed of a batted ball when it left the bat, thus decreasing infielders' reaction times, and resulted in a greater number of high-energy batted balls in the infield. Some studies note that the average time needed for a pitcher to react to a batted ball is 0.4 seconds. Analysis of the sound recording from the game confirmed that the reaction time available to Brandon to turn away or defend himself was only 0.376 of a second. Is there liability of H & B for what happened? Discuss and apply all theories and defenses you spot in the case. [Patch v Hillerich & Bradsby Co., 257 P.3d 383 (Mont. 2011)]