Two Orange County residents have filed a class action lawsuit against the manufacturers and sellers of softball bats alleging that they hid known defects in the bats. According to the complaint, the plaintiffs Hiroyaki Oda, of Santa Ana, and Corey Roth, of Rancho Santa Margarita, filed a class-action lawsuit Dec. 23 in the Southern Division of the Central District of California. The lawsuit was filed against DeMarini Sports, DeMarini Sports Group Limited Partnerships, Wilson Sporting Goods, alleging breach of express and implied warranties, product liability and violations of California civil and business codes.
Product Defect Allegations
The lawsuit states that the defendants manufacture and sell their brand of White Steel softball bats advertising themselves as “Makers of the World’s Finest Bats.” DeMarini’s website even makes the following claims: “Along with insane dedication to performance comes an insane dedication to quality. Our technology and durability is unmatched and we offer an exceptional warranty to secure your investment.”
But, in spite of these claims, according to the lawsuit, the bats have design and manufacturing defects that cause them to crack, bend and flatten, even with minimal use. In addition, the lawsuit alleges that the White Steel softball bats are not made from steel (as the name suggests), but a weaker metal that has a higher rate of failure.
Even though DeMarini stopped making and selling this particular model of softball bat, the company has not recalled the defective bats that are still sold in stores and purchased by consumers. The class action lawsuit seeks civil penalties, punitive damages, injunctive relief and attorney fees and costs, together to exceed $5 million.
The plaintiffs in this case not only want to stop the dissemination of the bat manufacturer’s deceptive advertising message, but also get redress for consumers who have purchased these softball bats that cost about $190 a piece and hold the manufacturer accountable for their flawed and substandard products.
If You Have Been Affected
The purpose of class action lawsuits, particularly those involving product liability is to ensure that consumers have recourse through the civil justice system to hold these types of large corporations accountable. If you have been affected by these products and would like to join in the class action, please contact us at 1-800-561-4887.