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  #1  
Old 01-16-2007, 06:36 PM
KSig RC KSig RC is offline
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Quote:
Originally Posted by valkyrie View Post
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.
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  #2  
Old 01-16-2007, 06:40 PM
valkyrie valkyrie is offline
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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.
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  #3  
Old 01-16-2007, 07:02 PM
UGAalum94 UGAalum94 is offline
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Quote:
Originally Posted by valkyrie View Post
.

$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.
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  #4  
Old 01-17-2007, 01:16 AM
KSig RC KSig RC is offline
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Quote:
Originally Posted by valkyrie View Post
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.
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.
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  #5  
Old 01-17-2007, 01:48 AM
GeekyPenguin GeekyPenguin is offline
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Originally Posted by KSig RC View Post
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?
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  #6  
Old 01-17-2007, 12:15 PM
KSig RC KSig RC is offline
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Originally Posted by GeekyPenguin View Post
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.
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  #7  
Old 01-17-2007, 12:18 PM
GeekyPenguin GeekyPenguin is offline
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Originally Posted by KSig RC View Post
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.
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  #8  
Old 01-17-2007, 12:47 PM
DeltAlum DeltAlum is offline
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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.
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  #9  
Old 01-17-2007, 01:55 PM
AlphaFrog AlphaFrog is offline
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Quote:
Originally Posted by KSig RC View Post
It's just like slinging crack rock - first one's free.

After that . . . not so much.
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  #10  
Old 01-18-2007, 01:31 AM
texas*princess texas*princess is offline
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looks like the radio station fired several people involved with this incident...

Quote:
In an online recording of the show, the DJs can be heard making comments joking about people dying from water intoxication, even discussing a case in Northern California two years ago in which student Matthew Carrington, 21, died after drinking too much water during a fraternity stunt.

One of the DJs even admitted they maybe should have done some research before the contest.

One female caller, who identified herself as Eva, also phoned in to warn the radio station that drinking too much water can kill.
http://www.cnn.com/2007/US/01/17/rad...eut/index.html
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