Originally Posted by Jakarta Expat
Well said Jim Smith, it boils down to if they were going to go ahead and have this contest they should not only done what you suggest above but as well have knowledgable medical personnel monitoring the contestants on a minute to minute basis and advising them of their health risks at any given time. Why could the radio station not just have medical personnel on standby to advise.
Feeling is they either did not consult their lawyers far enough about this stunt and legal implications or they have a dubass of a law firm advising them.
Having been an associate of a particularly litigious individual, and given our country's failure to pass Tort reform legislation, the family should sue everyone from the DJ's who devised the contest, their management, their
management, right on up to the station owners. From the standpoint of corporate hierarchy, the DJ's f'ed up - their managers failed to keep them in check, and their
managers failed to keep them
in check, and so on right up to the top. This woman didn't have to die, and couldn't reasonably know, predict, or expect that the simple act of drinking 8 oz. of water every 10 minutes could lead to death. She wasn't chugging water - she had 2 minutes to drink a simple cup of it. The prosecution should have little trouble finding slews of people who don't know what constitutes a dangerous rate of water consumption with any specificity beyond "too much".
Even more damning will be their on-air broadcast tapes/transcripts, and the length of time this went on despite their own discussions (and taking the time to put a caller on-air) regarding the potential danger in what they were doing. Not just injury or illness, but death. Should have merited at least a Google search or phone call while they played 3-4 songs to decide whether they should continue or change the rules mid-stream.
They're going down. All of them. And, honestly, they probably should. If they're lucky, this will remain a civil matter, but I wouldn't rule out a criminal investigation.
Tragedies suck - avoidable ones, doubly so.