Family sues over water intoxication death!

D

Dart

Moderator
I hope they stick it to the radiostation.

http://www.msnbc.msn.com/id/16815105/

After one caller warned that water intoxication could be fatal, one DJ said, “Yeah, they signed releases, so we’re not responsible. We’re OK.”
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The lawsuit alleges that KDND-FM, DJs and other employees were negligent in failing to research the contest and warn participants about the risks, and that they failed to get medical help even after participants complained about getting sick.
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It upsets me that DJs would go so far as to put one of their listeners' life at risk for ratings. I hope that the woman's husband takes the radio station to the cleaners for this.
 
aha. If you go back to the original topic about this..I saw this comin a mile away. Then again....I think everyone did.
 
Did the radio station contact Nintendo about the contest? If not, then I don't see how their charges would hold. Then again, any bad press Nintendo doesn't need, so they might settle it outta court.
 
creepindeth said:
From what I heard they want to even sue Nintendo. Although that is something I just heard.
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:lol

I couldn't help but laugh over that.

As for the radio station, they get what they deserve.
 
Yeah, the FCC is thinking of shutting down the station too.

I bet if the attorney is ambitious enough, he could file involuntary manslaughter charges over this...
 
In the original article I read on the topic, one other contestant said that he signed the consent, but did not read what he was signing...

It's sad that people DO NOT REALIZE that when they sign their name, they are signing a LEGAL agreement.

Sure, the radio station are jerks.

Sure, the DJ was a jerk.

But, they did not forcefully coerce the woman to drink the water.

They did not deny her the use of a restroom.

She, unfortunately, did effectively kill her self of her own free will in an attempt to win that contest.

It's sad, and pathetic, but legally, the family doesn't have a leg to stand on. The radio station did not kill the mother. Her ignorance of basic biology (that really, any highschool graduate should know about water intoxication) and her desire to win the contest ended up killing her.

I am sure that some settlement will be reached. But, legally and logically, the radio station covered their bases.

Still, the entire situation is really sad.
 
If the radio station actually warned people that there's a chance to die, then I'd say they're in the clear. Mainly though, the fact that not one person at that station took 5 minutes to see what dangers there are in drinking so much water is what gets me. I mean, you'd think they'd at least contact a Doctor or something before hand. So yea, I'd say they were definitely negligent and they should be sued for whatever they have.
 
Grindspine said:
In the original article I read on the topic, one other contestant said that he signed the consent, but did not read what he was signing...

It's sad that people DO NOT REALIZE that when they sign their name, they are signing a LEGAL agreement.

Sure, the radio station are jerks.

Sure, the DJ was a jerk.

But, they did not forcefully coerce the woman to drink the water.

They did not deny her the use of a restroom.

She, unfortunately, did effectively kill her self of her own free will in an attempt to win that contest.

It's sad, and pathetic, but legally, the family doesn't have a leg to stand on.  The radio station did not kill the mother.  Her ignorance of basic biology (that really, any highschool graduate should know about water intoxication) and her desire to win the contest ended up killing her.

I am sure that some settlement will be reached.  But, legally and logically, the radio station covered their bases.

Still, the entire situation is really sad.
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I'd have to disagree. A waiver is rarely able to hold in a court of law. Most often because a waiver is rarely notorized. Also, even if a waiver limits the rights of the signer, it cannot limit the rights of the signer's family.

Case in point. I work in the automomitive field. If I produce a waiver for a customer to sign because he insists on me doing something that I know is unsafe, I would still face litigation. Maybe not from said customer, but by the customer's family if he dies as a result of my actions, and also any other persons involved in any accident that was caused as a result of my actions.

Another problem that would pave the way to litigation, regardless of waivers, is the counsel of the callers who said that what they were doing could be fatal, and the DJs disregarding this by saying "So? they signed waivers. We're okay." They could have easily said, "You know, you're right. Let's stop this." They didn't. That's either a complete disregard for human life, or a complete lack of common sense.

Either way, their case is solid.
 
If I produce a waiver for a customer to sign because he insists on me doing something that I know is unsafe, I would still face litigation.
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I'd have to say that your argument is good. However, in your scenario, if you were to face litigation, it would be if you had done something illegal. The radio station provided water to the woman, which is not illegal.

Either way, I would predict that the radio station will try to settle out-of-court with the family. If that goes to trial, legality ends up in the hands of a judge. Even if technicalities would say that the station did something illegal, a judge might find them liable for being an agent in the woman's death.

Did the radio station do something illegal? No. Did they do something stupid and immoral? Definitely.
 
Currently there are no laws governing the automitive industry in regards to repairs. There are governing bodies that decide the best way to repair, but it is up to the individual shop or company to adhere to them.

So in saying that, any repair work that I would or would not do is not based on any law. It is purely based on ethics and integrity. So if I did repair something that I absolutely knew was unsafe, and had the customer sign a waiver, I would be liable in a civil court for any damages that would come about.

As for the radio station, they have already been tried, convicted and sentenced in the court of public opinion. I am sure that they would settle out of court on this one, as most civil cases of this caliber rarely see a court room.
 
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