I certainly wouldn't put wikipedia up against Kevin's real law education, but I tend to think that the circumstances in the hazing case and the radio stadion situation are going to me more different that they might seem at first.

Well, I don't have a law education, I have a few classes so far. Let's be clear about that, I'm not a lawyer, and anything I say is just the opinion of a half-educated law student.

Let me just throw this out... Imagine your group has a waiver and consent form for its pledges waiving any liability in the event of hazing.

Think that holds up?

I agree that these are very different situations.

Also, as to the following comment from Kevin:

They should have known that drinking too much water can be fatal. They were the cause of that woman drinking the water.

The contestant should have known that drinking too much water can be fatal. She caused herself to drink the water.

This is the distinction I would be trying to exploit, but honestly the 'bad facts make bad law' cliche couldn't apply any more here (hard-to-find prize, going to kids, station oversight, semi-moderation insinuates forethought of consequences . . . and the existence of the waiver probably plays very bad for the station in any civil proceedings, contrary to intuition). Huge potential to be craptacular.

True, and there's also the potential for jurors to think something like holy crap whatever the actual law is this person was really freaking stupid and good thing she's been weeded out of the gene pool before having more kids so yay defendants.

$10 says there will be a Law and Order episode of this in four weeks, one week after the episode featuring an NFL player being gunned down outside a club.

I think you are right; let's time it.

I do expect something to happen with the civil suit. I kind of wonder if it will go to court or if the station will work hard to settle it because the potential for disaster is so great, not to mention that this isn't what they had in mind with their publicity stunt.

I want to preface this by saying that I'm sorry the woman is dead and that her death is tragic. I'm sympathic to her family. That said:

In a better world, the adult woman would be responsible for her own actions and it would be accepted by society that when an adult participates voluntarily in any organized activity, then you assume all the risks that went along with the activity as described. If you enter a water-drinking-not-going-to-the-restroom contest, then any risk related to excess water drinking are waived by you because you participated. It just seems reasonable.

I know it's not the world we live in.

In this present situation, I think it's going to be mess, but I don't expect criminal charges.

When you look at the hazing cases, it seems to me in my uniformed opinion, that more elements of a crime are present than are in the radio station contest.

With a fraternity, you might have some expectation that the group would look out for your welfare. Because people being hazed are drunk and/or tired and they fear punishment or exclusion if they do not participate, it's harder to make the claim that people are freely participating in the events. You also see an intent to cause pain or do harm, and you often see neglect to seek treatment when it becomes clear that an injury had occured.

In the radio station deal, you see bad judgment because they offered a reward for engaging in what turned out to be dangerous behavior. You see adults with time to consider their participation in the activity in advance and very little at stake for not participating. I haven't heard any reports that anyone at the contest knew the woman was in any distress.

I'd be surprised if any criminal charges get filed.

Read the links-at least one of them talks about releases.
And having worked for an insurance company: We loved having Hold Harmless for us, but thought nothing about having them against us either.

This morning on a local station the two DJ's were talking about this and started to remember a problem that they almost had during a promo.

For several years, a listener would win a run though a bank vault which was filled with new bills of all amounts. Had a few minutes to take what they could out.

Now what could happen? Well, it seems one winner started to feel a bit weak and they thought he was going to collapse from exhaustion..

A few more links:
Another water death

OK, LET'S GET THIS straight: Drinking too much water at one time can be deadly. One would think that we had learned that lesson with the tragic 2005 death of 21-year-old Matthew Carrington, but apparently not everyone did....:
http://www.contracostatimes.com/mld/...s/16470317.htm

Water drinking death contest show taken off air

Fatality over Wii to be investigated......:

http://www.theregister.co.uk/2007/01...death_off_air/

Woman dies after water-drinking contest


By Ryan Lillis
The Sacramento Bee
Jan. 15, 2007 12:29 PM

SACRAMENTO, Calif. - A 28-year-old mother of three died from water intoxication hours after competing in a radio station contest to see which contestant could drink the most water without urinating, according to preliminary autopsy results released........Strange's death comes nearly two years after a 21-year-old fraternity pledge at California State University, Chico, died after a night of strenuous exercise and excessive water drinking. Four members of the fraternity later pleaded guilty in connection with his death.
One member of the fraternity eventually pleaded guilty to felony involuntary manslaughter and misdemeanor hazing, two pleaded guilty to being accessories to manslaughter and hazing, and a fourth pleaded guilty to hazing.
http://www.azcentral.com/news/articl...eath15-ON.html

Ha, while I love the train of thought, it doesn't really pass Occam's Razor at all - just because it's what you would think, doesn't mean Jane Soccermom agrees . . . and I KNOW you know this.

I think you should come pick all my juries pro bono. Can I arrange this?

It's just like slinging crack rock - first one's free.

After that . . . not so much.

You can just send the bill to the county as my little gift to them for not paying me. ;)

Regarding drinking too much water, it seems to me that while we know, and have discussed it at some length on GC, a fairly large percentage of the general public would be shocked to find that this can be deadly.

What you've got to realize is that it takes A LOT of water to cause an electrolyte imbalance that will lead to cardiac arrest. Most members of the general public cannot even fathom drinking that much. That's why these news stories do cause a media circus. They're rare-like plane crashes.
First time I heard about it was an article in Runner's World where a woman overhydrated with water and collapsed and died during a marathon.