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Woman dies following contest: Is the radio station at fault?

post #1 of 33
1/16/07 at 4:40pm
Thread Starter 
See
http://www.bestsyndication.com/?q=01...toxication.htm
it is a good quick view. Many other news stories have since been written.
The radio station has cancelled the morning show, and fired 10 employees in response to this incident.

Anyways, I am wondering if anyone has any feelings on this. IMO, the radiostation is 100% responsible for this woman's death, and need to be held fully accountable for such, ESPECIALLY if it is true that the contestants were not warned they were putting their health at risk. It is well documented that excess water consumption can cause death, and only a year after that hazing incident that killed an 18 year old, how much more irresponsible could the station be?...Not only did they put her life at risk by running this contest at all, when she appeared ill, they let her leave and didnt worry about it. I dont know what I would like to see happen, but 3 children now dont have a mother all because she was trying to win them a Wii in a "fun" radio contest....
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post #2 of 33
1/16/07 at 9:38pm
While I don't blame the radio station or those that came up with the idea (I don't think they should be sued), I do think they should have consulted someone in the medical profession. Water intoxication is rare, but if you're trying for it, it can happen! I just wish more people were aware of that. It's just a sad situation.
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post #3 of 33
1/17/07 at 3:37am
I think the radio station is partially responsible, but how much depends on what advice and warnings they gave to listeners about the risks of drinking a lot of water in a very short time, especially if you're not getting rid of any by urination. It sounds as though they've been very irresponsible. But I wouldn't say they were 100% responsible as I think anyone who actually took part in the competition is pretty stupid for doing so, at least without checking out any medical risks themselves first. No-one was forced to take part.
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post #4 of 33
1/17/07 at 4:59am
If there were no warnings given to the contestants, then I think the radio station is 100% responsible. I don't agree with everyone suing everyone, as a matter of fact it infuriates me, but in this case I feel a lawsuit is in order.
I feel that before holding a contest that involved the public, the radio station had an obligation to conduct research and educate the participants on any potential risks to their health or well being. In this case, I have a feeling that the radio station assumed that because this was water they were dealing with, it was safe. Their assumption and lack of investigation led to this woman's death.

Again, I say this if there weren't any warnings given to the contestants prior to their participating in the contest.
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post #5 of 33
1/17/07 at 9:24am
Personally I think anytime you do something to a person's body huge amounts of research towards the consequences should be considered BY BOTH PARTIES.

This lady voluntarily drowned herself for a Wii console. Sad
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post #6 of 33
1/17/07 at 9:33am
Who would have thought that drinking that much water would have killed anyone? I wouldn't.

It was a terrible accident.
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post #7 of 33
1/17/07 at 10:09am
I think that it is up to the individual to do their research before competing in a competition such as this one. She should have consulted her doctor and did her own research before competing. I don't think the radio station is responsible for her death. They didn't tie her down and make her drink water, and they didn't tie her down and keep her from urinating. She did it, all on her own, without doing her research first.

As I stated earlier, hot dog eating contests don't come with a disclaimer, and if someone were to rupture their insides doing one of these, I seriously doubt the contest would be sued.

People should be responsible for their own actions, instead of blaming it on someone else. I can offer you a hundred bucks to do anything, but whether or not you do it is up to you.

That being said, I do feel for her family and especially her children. Its tragic that she died so young, and over a video game.
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post #8 of 33
1/17/07 at 10:32am
Quote:
Originally Posted by maddensmom View Post
As I stated earlier, hot dog eating contests don't come with a disclaimer, and if someone were to rupture their insides doing one of these, I seriously doubt the contest would be sued.
While I haven't participated in any eating contests, I would imagine that they do actually come with a disclaimer and that the contestants do have to sign their consent that it could cause physical harm to their bodies and the release the contest holder from liability. I know that I wouldn't dream of holding an eating contest without that kind of release form in place!

Without knowing what kind of disclaimer and release from liability was in place here, it's difficult to know how much legal trouble the radio station and their employees could be in. Considering 10 employees lost their jobs already, I would have to assume that the prior research was not done, no medical professional was consulted, and likely the proper release forms were not used. If that's the case, then they should be held liable for not doing due dilligence on a potentially (and obviously realistically) life threatening contest.
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post #9 of 33
1/17/07 at 10:36am
Quote:
Originally Posted by valanhb View Post
While I haven't participated in any eating contests, I would imagine that they do actually come with a disclaimer and that the contestants do have to sign their consent that it could cause physical harm to their bodies and the release the contest holder from liability. I know that I wouldn't dream of holding an eating contest without that kind of release form in place!
I don't know about the national contests, but all over the state here, there are always eating contests at the fairs and such, and there are no disclaimers for those. I know b/c my brother has participated in a couple. You are right though, the national ones probably do have disclaimers. I wasn't thinking of those.
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post #10 of 33
1/17/07 at 10:40am
I think I also see a difference with the eating contests because it's a more obvious potential health danger with those. Granted, I can see why the people holding the water contest could have thought it was OK, but it's still up to them to do the due dilligence. All it would have taken is a quick call to a doctor or nurse to find out that there was definitely a possibility of water intoxication with how they were running the contest.
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post #11 of 33
1/17/07 at 10:53am
I saw this last night, it was terrible. It reminded me of I think a local college student who died in a hazing incident in which he was made to drink an ungodly amount of water.

I think the radio station is partially responsible for it because they didn't do their research into any negative effects. Just like eating alot will make you throw up, drinking alot of fluid can't be good for you either.

Because this is something that very few people know about, I don't think anyone should be sued. The people involved were fired, and the show was canceled, I personally think that's enough and hopefully this is a lesson for the future for anyone who tries to do this.

I've personally had it with radio stations doing stupid contests just so someone can win a prize or for shock value, and there should be more regulation with that. Opie and Anthony out of New York used to be on a Boston radio station years ago here and got fired for doing an April Fool's joke on the air that the mayor of Boston had been killed in a plane crash. It also makes me irritated at movies like Jackass. There is NO REASON to do idiotic things like this.
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post #12 of 33
1/17/07 at 11:06am
I don't think hte radio station should be liable. But I think they should have done a little more research into what can happen to a person who drinks that much water and doesn't releive themself. Sad accident. Her poor family. All for a Wii.
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post #13 of 33
1/17/07 at 11:09am
Quote:
Originally Posted by Phenomsmom View Post
I don't think hte radio station should be liable. But I think they should have done a little more research into what can happen to a person who drinks that much water and doesn't releive themself. Sad accident. Her poor family. All for a Wii.
I'm not sure if her relieving herself would have made that much of a difference. I think she went home afterwards and just didn't feel well. You would've thought that she would've gone to or had to have gone to the bathroom by then.

The news station here had the story name of like "Wee for a Wii" or something tasteless like that.
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post #14 of 33
1/17/07 at 11:15am
Quote:
Originally Posted by Februa View Post
See
http://www.bestsyndication.com/?q=01...toxication.htm
it is a good quick view. Many other news stories have since been written.
The radio station has cancelled the morning show, and fired 10 employees in response to this incident.

Anyways, I am wondering if anyone has any feelings on this. IMO, the radiostation is 100% responsible for this woman's death, and need to be held fully accountable for such, ESPECIALLY if it is true that the contestants were not warned they were putting their health at risk. It is well documented that excess water consumption can cause death, and only a year after that hazing incident that killed an 18 year old, how much more irresponsible could the station be?...Not only did they put her life at risk by running this contest at all, when she appeared ill, they let her leave and didnt worry about it. I dont know what I would like to see happen, but 3 children now dont have a mother all because she was trying to win them a Wii in a "fun" radio contest....

If they did not have her sign a waver or alert her to the danger than I completely agree with you. They are responsible for it.
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post #15 of 33
1/17/07 at 12:02pm
I think that any contestant, if a competent adult, should inform themselves of the risks involved. Unfortunately, the contestant bears alot of contributing negligence.
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post #16 of 33
1/17/07 at 12:54pm
I think that this contest was a horrible error in judgement on the radio station's part. If you research the issue you'll find that the majority of people who have had this problem were either marathon runners or involved in some type of prank. I really don't think they thought it would be dangerous. With that being said, I think they should have had a medical professional on hand to make sure no one got hurt. That is the only thing I can come up with that could have possibly saved this woman's life. I really feel bad for all those involved.
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post #17 of 33
1/17/07 at 4:57pm
Normally I am someone who is all for individuals taking responsiblity for their actions and not taking someone else to court over it. But this is an exception where I think the radio station is PROBABLY at fault. I don't think it is commone knowledge that you can drink yourself to death (water I mean). After all, aren't there all these recommendations that you should drink so-and-so-much water (which seems like a lot more than I usually drink).

If the radio station put on this contest without doing their homework as to possible health consequences and did not warn anyone, then I think they are to be blamed. Not that it will help that woman's orphans.

It was an amazingly stupid and tasteless idea. They could have accomplished the same thing by having everyone drink say 1 qt of water and waiting to see who had to "go" first. That would have accomplished the same thing,

What happens to the kids now?
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post #18 of 33
1/17/07 at 8:34pm
I believe that the woman was an adult and choose to praticipate in the contest out of her own free will- therefore a large part of the fault is on herself. I hate that she lost her life over a game system I do not think the radio station is 100% to blame- because she choose to praticipate out of her own free will- nobody made her. However- i do feel the station should be held liable to some degree- they never warned the contestants of the dangers even after a nurse called in. I think they should be held accountable to a degree.
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post #19 of 33
1/17/07 at 8:37pm
They were talking about it on a radio station that I listen to aparently one of the dj's that was part of the contest used to work with one of them on my radio station. Anyways they said that 10 of the dj's or people that work their lost their jobs because of it.
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post #20 of 33
1/17/07 at 9:36pm
Something else was brought up on the afternoon (talk - no stupid contests) radio show I listen to. The college student who died of water intoxication in 2005 hazing incident was at Chico State, which is close enough to Sacramento that the story would have been big news there. While there is a pretty big turn over in the radio industry, I'm sure that there were a few people at the station who remembered that story. If they remembered that story, then they had to know that water could potentially kill you if you drink too much of it. And if they knew and still did the contest without warning the contestants, then they ARE liable and negligent.
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post #21 of 33
1/18/07 at 2:48am
It would have been so easy for both the radio station and anyone participating in the contest to find out information about the effects of drinking lots of water by doing an internet search. I found this wikipedia entry by googling "drinking too much water".

http://en.wikipedia.org/wiki/Water_intoxication

Legally I'm not sure the radio station have a leg to stand on if they didn't do any research, failed to warn contestants of possible risks and didn't have a doctor on hand. The contestants probably assumed that if there was a risk they would have been told about it. I knew it was possible to drink too much water but I had no idea how much was too much.
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post #22 of 33
1/18/07 at 1:31pm
According to this (http://www.cnn.com/2007/US/01/18/rad....ap/index.html) cnn article, when someone called in to inform the DJs about the risks (i.e., that it could be fatal), they laughed it off, said they knew about it, but that the people signed a waiver so they weren't at fault.

If they were in fact laughing, that's just sick. Then again, I haven't heard it for myself.

Overall, I'm torn. If the contestants were aware of the risks of water intoxication, then they put themselves in that position and the station isn't at fault. If they were never warned, and the waiver never stated specifically what COULD happen, then I think the radio station should accept responsibility in her death.

A lot of "if"s.....
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post #23 of 33
1/18/07 at 1:38pm
I read today that this has turned into a homicide investigation. I think that is pushing it too far. She did it on her own will. Even though the radio station should be held responsible for not doing research on the risks, and neither did she, turning it into a homicide investigation is rediculous I think.
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post #24 of 33
1/18/07 at 1:50pm
The family of the woman who died is filing a wrongful death suit against the radio station. Apparently an RN called the show (what emrldsky referred to) to tell them that someone could die, and they have it recorded because they took the call live on the air. D'OH!

So far, the police are just looking into homicide charges. I'm not sure if they mean any form of being criminally responsible for her death (i.e. negligent manslaughter) or what, but depending on all of the "ifs" alluded to throughout this thread.
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post #25 of 33
1/18/07 at 5:28pm
I bet those DJ's aren't laughing now.
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post #26 of 33
1/18/07 at 5:43pm
Our local Clear Channel alternative rock station DJ's were discussing this on air this afternoon. They said they thought it might have been a stunt they DJ's pulled without the station's full knowledge/approval. Local folks said anything they do for a contest has to be approved by the station manager, then the legal department then Corporate.

They had a contest last summer where 8 peeps stayed in an SUV for 3 weeks, whoever stayed the longest won it. they had all kinds of conditions they had to meet for it to happen: so much food, so much water, bathroom breaks every so often, etc. All set up by the legal department to protect the station.
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post #27 of 33
1/18/07 at 5:43pm
Quote:
Originally Posted by catsknowme View Post
I think that any contestant, if a competent adult, should inform themselves of the risks involved. Unfortunately, the contestant bears alot of contributing negligence.
I realize excess h2o cunsuption and death are rare but I remember a couple of girls dying in the denver area cause they were on exctasy and drank too much water...
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post #28 of 33
1/19/07 at 3:00pm
I don't think that the radio station should be held responsible, I think anyone who joins a contest has to know that there is stuff involved.

There are things I would never do, I don't care what the prize was.
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post #29 of 33
1/19/07 at 3:14pm
While I am for personal responsibility, I do think the radio station personnel were negligent as they were the ones setting up the contest.

First, they did not do any research and understand the risks of what might happen. They should have been able to tell the participants of the potential risks.

Second, if they were warned and still did not do any research, they were being irresponsible.

Third, from what I read at least one other participant was feeling ill also during this. At the very least, call a doctor and find out if it is serious.
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post #30 of 33
1/21/07 at 9:43pm
Tough situation. The station is certainly at fault to a degree. A nurse rang up and said water intoxication can kill someone, and they said they knew and laughed it off. At this point, someone at the radio station from the legal area should have properly researched into it and checked the consequences. If they knew there definitely was a potential health risk they should have a medical professional on standby. If they have contests, they need to have some degree of accountability. People compete in things for fun - they don't expect they'll ever be at risk by doing a radio contest involving drinking water.

There was a news story recently about a girl who injured herself while competing in a bar competition involving dancing on the tables. The tables were slippery, she fell and sued the bar. The local radio station laughed it off and said it was her own stupid fault for trying to dance on a bar. I think the bar has to take responsibility - getting drunk ladies, most probably wearing high heels, then getting them onto a slippery bar to dance - you're asking for trouble. They need to provide a safe environment.

And hopefully this will be a reminder to all future contests on radio stations and the like to properly research what they're asking people to do and take appropriate precautions.
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