It appears that this was the point at which the DJs as a group can be heard commenting on the decedent’s distended belly (“you look pregnant!”) but that other comments relating to the woman who was lying on the floor, teeth chattering, and generally unresponsive (your body is 98% water, you shouldn’t have any problems!) occurred while the contestants were still sequestered.

It does seem clear that no contestants heard the comments from the nurse practitioner, or were so out of it that they couldn’t manage a response — the audio is very clear, and only mocking-DJ voices and concerned-nurse voices can be heard. Responses from the decedent can, however, be heard clearly late in the broadcast.

I’ve always hated radio pranks, but they’re usually on the order of “streak through Ann Arbor wearing nothing but a Brutus Buckeye head in order to win tickets to the Big Game” and not “do something that really could kill you for a console system!” I’m really surprised that they’d be this level of dumb, which makes me sympathetic to notions of suing or possible criminal action…

On the other hand, what about that Wal-Mart that had people running for lawn chairs for Wii systems last year? How exactly is this different? The biggest change is that the Wal-Mart scenario wasn’t dependent on them running into the pole (only one man did and it was clearly accidental; the others were at a lower risk, of perhaps tripping or just being trampled) while the radio station had more than a dozen people all take on the same risk (which research would easily show was dangerous, and everyone knows is strange behavior: a “midnight dash” is relatively commonplace behavior.) Does that mean they’re more liable? Do the idiotic comments (if they die, it’s no big deal, because they signed waivers) have any legal weight, or is it just a “when this gets to a jury, they’ll tack on an extra $2 million because they see the defendants as scum” kind of thing?

I don’t know enough about radio show to know if all the participants can hear the calls.

The joke of the possiblity of death was just that, a joke, they didn’t seriously believe that anyone would be harmed.

As for the call from the woman about the dangers of excess water consumption, did the participants hear that warning as well? If you are going to argue that that is the basis of the defendants knowledge of the risks involved, then participants were informed at the same time.

That being said, I sure as heck wouldn’t want to try that sort of defense in front of a jury. I haven’t had a chance to listen to the recording, but if that summary is accurate I would expect a plea bargin to a lessor offense (reckless endangerment?)

There was also a call from a woman who warned them about the dangers. The DJs reply was that there is a release form.

They joked when the lady who died complained of feeling bad and having a headache.

Quoted for truth. Any reason the woman wouldn’t be responsible for this would also make th DJs and radio station not responsible as well.

http://www.sacbee.com/101/story/109112.html

It’s easy to make a very strong argument that her assumption of risk did not include death. A reasonable person would not knowingly risk death (and abandoning three children and a husband) for a $250 gaming console. So take your “subjective standard of personal knowledge” somewhere else, it won’t fly in this case.

“”ALL things in excess are not good”!”

I cried a full bucket for her passing tonight, doubled it after reading your post, I’m so despondent over it I may go drink a couple gallons of water.

NOT!

Some good “real” information appeared in this thread and basically it pointed directly to what I mentioned within my post and included in this response.

If common sense were for lack of a better word, more common, we would not read crap like this!

Oh BTW 12 people were also fired for putting it on as well. Probably deserving for such, it was a rather stupid idea from the outset. But nevertheless it happened, not one thing I say or do can reverse it. In the end, those 12 people will learn a valuable lesson and I’d bet insure in the future they engage their own brains before coming up with such an idea.

I’m sure that we will all hear much more about the Dihydrogen Monoxide dead girl desiring a new $200 game console in the future.

I’m almost as sure that if able I’ll respond in kind then as well.

********

Curious, no she did not win, came in second place. Double sadness aint it?

*********

I will but mention it one more time, “All things in moderation”. Gee I’d bet that applies to blog cruising as well!