The Law of the Headhunter
Depending on your point of view, one of the more celebrated or ignominious parts of the game of baseball is the headhunter, perhaps most recently embodied in the person of Vicente Padilla. There have been others, though. Armando Benitez was, in his day, notorious for throwing chin music — and sometimes more than that.
Throwing a pitch at a batter intentionally is a violation of Major League Baseball Rule 6.02(c)(9) (Rule 8.02(d)). The comment to that Rule states that “[t]o pitch at a batter’s head is unsportsmanlike and highly dangerous. It should be — and is — condemned by everybody. Umpires should act without hesitation in enforcement of this rule.” Despite that strong language, headhunting is not a violation of baseball’s unwritten rules. Therefore, it keeps happening.
Whatever virtues one might find in the practice, it’s nevertheless obvious that headhunting can be really dangerous. Former Cleveland shortstop Ray Chapman notably died after being struck in the head. Tony Conigliaro’s career — and life — was altered dramatically by a beaning in his age-22 season. Even throwing at a batter unintentionally can have devastating consequences, as we saw with Giancarlo Stanton after he was hit by Mike Fiers.
But the presence of headhunting in the game raises an interesting question — namely, what legal recourse, if any, does a batter have against a pitcher who throws at him intentionally?
Let’s start with some basic definitions to help us out here. Today we’ll be talking about “assault” and “battery,” two terms that get thrown around a lot in popular culture but actually have pretty specific legal meanings.