Baseball pitching machines
CPSC Recall #78-021 - April 13, 1978
Recall Summary
| Recall Number | 78-021 |
| Recall Date | April 13, 1978 |
| Remedy Type | No Remedy Available |
| Units Affected | Approximately 7,500 |
Where It Was Sold
| The machines |
| which were sold to schools |
| recreational organizations and individuals |
| may be labeled "Dudley" or "Commercial Mechanisms." |
Product
Baseball pitching machines
Description
WASHINGTON, DC (April 14) -- The Consumer Product Safety Commission (CPSC) today warned the public not to use certain unguarded automatic baseball pitching machines which it considers extremely hazardous. The Commission advises anyone having possession of such unguarded machines to place these machines in a locked storage area where unwary persons will not have access to them. The machines, which were sold to schools, recreational organizations and individuals, may be labeled "Dudley" or "Commercial Mechanisms." In a lawsuit filed in U.S. District Court, the Commission alleges that the unguarded, rotating metal pitching arm can go off suddenly, without warning, and strike persons standing in the path of the arm. The Commission alleges that this has happened in numerous incidents even though the machines were unplugged or turned off. Everyone should be careful of pitched balls. However, the hazard addressed in this action relates to the unguarded arm. The Commission has received numerous reports of serious injuries — including paralysis, skull fractures, brain damage, loss of sight, and other severe injuries such as broken bones — suffered by persons hit by the pitching arm. In one reported incident, a nine-year-old boy was left a permanent paraplegic as a result of being hit in the head by the pitching machine. According to reports received by the Commission: baseball coaches, high school students, "Little League" instructors, and even small children who have come up to the machine just to look at it, have been seriously injured. These reported injuries have occurred on school grounds, in city parks, and at private homes. Reportedly, about 7,500 of the baseball pitching machines were manufactured between 1956 and 1975 and distributed nationwide. The majority of the owners appear to be institutions such as schools and "Little League" teams, but some machines are privately-owned. The machines were sold under various brand names including: "Olympia, " "Olympic," "Champ," "Blazer," "Super Blazer," "Pro-Blazer," "Range Blazer, " "Range, " "Master," "Mentor," "Pro-Trainer," and "Professional." The pitching machines are operated by electricity or gasoline engine. Even when the machine is turned off or unplugged, however, if the pitching arm is cocked in approximately the "10 o'clock position," the machine can fire if jarred or subjected to vibration. Consequently, the Commission warns that the machines should be locked up to prevent accidents and should never be left in areas where children can reach them. Before locking up the machine, CPSC advises that the pitching arm cable be disconnected carefully from the coil spring. The Commission has filed a lawsuit in the U.S. District Court for the District of Columbia seeking to compel the manufacturer and distributors of the machines to provide a guard for the pitching arm at no cost to the purchaser. Without such a guard, the Commission warns, the machines are dangerous and may cause severe injury. The Commission urges people not to use these machines.
Hazard
The Commission alleges that the unguarded, rotating metal pitching arm can go off suddenly, without warning, and strike persons standing in the path of the arm. The Commission alleges that this has happened in numerous incidents even though the machines were unplugged or turned off.
Incidents & Injuries
The Commission has received numerous reports of serious injuries — including paralysis, skull fractures, brain damage, loss of sight, and other severe injuries such as broken bones — suffered by persons hit by the pitching arm. In one reported incident, a nine-year-old boy was left a permanent paraplegic as a result of being hit in the head by the pitching machine.
Remedy Instructions
The Commission warns that the machines should be locked up to prevent accidents and should never be left in areas where children can reach them. Before locking up the machine, CPSC advises that the pitching arm cable be disconnected carefully from the coil spring. The Commission has filed a lawsuit in the U.S. District Court for the District of Columbia seeking to compel the manufacturer and distributors of the machines to provide a guard for the pitching arm at no cost to the purchaser. Without such a guard, the Commission warns, the machines are dangerous and may cause severe injury.
What Should You Do?
Stop using this product immediately. Contact the manufacturer for a No Remedy Available at no charge. If you experienced an injury, report it at SaferProducts.gov.
Frequently Asked Questions
Follow the consumer action instructions in the recall notice above. Most recalls require you to stop using the product and contact the manufacturer directly, either by calling the toll-free number listed in the official CPSC notice or by visiting the manufacturer's website. You generally do not need a receipt or original packaging to claim a remedy. The manufacturer is legally required to provide the remedy (No Remedy Available) at no cost to you.
Yes. If you were injured by a defective consumer product, whether recalled or not, you may have grounds for a product liability claim against the manufacturer and potentially the retailer. A recall notice can serve as evidence that the manufacturer was aware of the defect. Injuries that may support a claim include burns, lacerations, fractures, electric shock, choking incidents, and chemical exposure. Most product liability attorneys work on a contingency fee basis, meaning you pay nothing unless you win. Consult an attorney promptly, as statutes of limitation vary by state.
In most cases, no. CPSC-coordinated recall remedies are designed to be accessible without proof of purchase. Manufacturers typically ask consumers to self-certify ownership and may ask for photos of the product or its serial number. Some manufacturers request that you mail in a portion of the product (such as a cut cord or removed component) as proof of disposal. Check the specific remedy instructions for this recall for exact requirements. If you registered your product at the time of purchase, the process is usually even simpler.
If the original manufacturer has gone out of business, the recall remedy may no longer be available through them. In this case, contact CPSC directly at 1-800-638-2772 or cpsc.gov for guidance. If the brand was acquired by another company, the acquiring company may have assumed recall obligations. In some cases where a remedy is unavailable, CPSC advises consumers to safely dispose of the product. If you were injured by the product of a defunct company, consult a product liability attorney, parent companies, distributors, and retailers may still bear liability in some circumstances.