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01-16-2007, 02:58 PM
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GreekChat Member
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Join Date: May 2003
Location: my office
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Quote:
Originally Posted by CutiePie2000
I'm not excusing the radio station at ALL, but wouldn't the contest participants have to sign a waiver or something?
Paging the lawyer types.... 
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That's what I think too. I would be really surprised if the risk management/legal counsel didn't make the station have all contestants sign a waiver/release. I don't know if it would prevent any legal action by the deceased woman's family, but it would probably minimize some of the damages awarded at the very least.
I don't know why but this reminds me of the infamous "Bum Fights".... it's amazing what people will do for money or, in this case, a video game console.
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01-16-2007, 05:18 PM
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Join Date: Mar 2000
Location: Kansas City, Kansas USA
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Now, while it can become bad press, I would imagine that they signed a waver for being stupid and liability.
But nothing has come up about this?
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01-16-2007, 05:48 PM
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
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Those types of waivers aren't always effective, especially if the defendant's conduct rises to the level of criminal conduct.
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01-16-2007, 05:56 PM
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Quote:
Originally Posted by Kevin
Those types of waivers aren't always effective, especially if the defendant's conduct rises to the level of criminal conduct.
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Agreed, no one said the phantom waiver/release would be iron clad if it does exist. But it would make the situation a little more interesting.
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01-16-2007, 06:12 PM
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Join Date: Aug 2006
Location: Atlanta area
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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.
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01-16-2007, 06:24 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
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Quote:
Originally Posted by Alphagamuga
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.
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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?
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01-16-2007, 06:26 PM
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Join Date: Jun 2001
Location: WWJMD?
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Quote:
Originally Posted by Alphagamuga
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.
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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.
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01-16-2007, 06:36 PM
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Join Date: Jan 2001
Location: Who you calling "boy"? The name's Hand Banana . . .
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Quote:
Originally Posted by valkyrie
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.
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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.
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