Who is liable (if anybody)?

[Natalie Rose]

SACRAMENTO, California (AP) -- A woman who competed in a radio station's contest to see how much water she could drink without going to the bathroom died of water intoxication, the coroner's office said Saturday.

Jennifer Strange, 28, was found dead Friday in her suburban Rancho Cordova home hours after taking part in the "Hold Your Wee for a Wii" contest in which KDND 107.9 promised a Nintendo Wii video game system for the winner.

"She said to one of our supervisors that she was on her way home and her head was hurting her real bad," said Laura Rios, one of Strange's co-workers at Radiological Associates of Sacramento. "She was crying, and that was the last that anyone had heard from her."

Before this happened, were you aware of the phenomenon of water intoxication? I had heard about it a year or two ago but had no idea that it could be brought on so easily - I assumed it only occurred after some kind of extreme athetic endurance coupled with the water consumption.

Is the radio station liable for this woman's death? Should they have known?

[Brina]

I had only heard about this happening in situations like you describe - athletic event followed by over consumption, and as a potential by product of some party drug - Ecstasy, I think.

Should the radio station have known? I don't know - the marketing department or some silly DJ came up with a silly sounding contest idea to take advantage of people's desire for a toy. Should somebody have performed due diligence? Perhaps. Should the woman have investigated prior to participating? Perhaps. My guess is that she signed some kind of release before participating.

Personally, I think it is a tragic accident and nobody is truely to blame, although in today's society many will not accept that argument. Somebody is always to blame, and it is always somebody else, and that somebody else should pay.

[Natalie Rose]

I was thinking that even if the radio station did not know (and it is very possible that they didn't), surely they would have had a waiver for the woman to sign? I can't even go horseback riding anymore without filling out six pages of paperwork swearing that I understand that I am getting onto a horse and I could fall off - wouldn't the station have covered themselves?

It does sound like a totally freak accident. I wonder if she had gone to the hospital if they could have saved her?

I just feel so badly for the family. Those poor kids.

[jodie35]

I have heard about it before, there was a fraternity boy a few years ago who died from drinking water shots for a few hours. From what I recall of that incident the fraternity lost its charter and was disbanned, but no criminal charges were filed.

The DJ's did not force her to drink the water. I dont think anyone is liable. It was an accident.

[BC-Maura]

I don't think the radio station is liable. She is an adult who voluntarily assumed a risk. The radio station did not owe her any duty.

Doesn't make it any less horrible though.

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Maura

[Natalie Rose]

Okay, I just found out that the DJ's did know that it was potentially deadly. Here is what they said:

On a tape of the Jan. 12 show, disc jockeys on KDND-FM's "Morning Rave" joke about the possible dangers of consuming too much water, at one point alluding to a college student who died during such a stunt in 2005

A listener called the show to warn the DJs that the stunt was dangerous and that someone could die.

"Yeah, we're aware of that," one of them said.

Another DJ laughed: "Yeah, they signed releases, so we're not responsible. We're OK."

Obviously they weren't really thinking that it could be dangerous but they obviously knew it could be fatal. Does that make them liable?

[JoanneNC]

From what I saw on TV - A caller - a RN called in and told them how dangerous it was and that someone could die from water intoxication - the DJ's response was - It's ok- they all signed waivers so we aren't liable.

I think it's no different then serving drinks to guests at your party and allowing them to drive home drunk or from a bar. How many people/business owners have been found liable? They created the environment for something lethal - in fact they were rewarding those for taking this risk.

I would be curious if the liability waiver clearly spelled out the risks. I agree that no one forced her to drink the water- but did they share the known risks? They also can't claim ignorance to known risk when a caller's warning was broadcasted..

Are the DJ's/station owners responsible? I would think in a civil case - YES . Criminally - well unfortuately stupidity isn't a crime

[BC-MAV]

Yes, if they said they knew of the dangers and even though the woman signed some form releasing them from any responsability THEY (the radio station and the radio DJ's) are responsable. I think it would be negligent homicide? I had heard of the water intoxication YEARS ago when a child was forced by her parents to drink water to "cleanse" herself from wrongdoing. The child died. It was the parents religous belief that what they were doing was right but still they were held responsable.... I think the woman was stupid but haven't we all made stupid mistakes?

[Brina]

and do we know if she was listening to the radio station the day the RN called? She knew about the contest, so obviously she listens to the station. Assuming she heard the RN - and the DJs response - and chose to take the risk, does that let the radio station off the hook?

People take risks. Look at boxing. Every five years or so there is a highly publicized death in the ring, yet people continue to box. Should we blame the promoters of boxing matches? No. Adults have the right to take risks in pursuit of a reward, be in monetary, a "thrill" or a Wii.

Originally Posted by JoanneNC

From what I saw on TV - A caller - a RN called in and told them how dangerous it was and that someone could die from water intoxication - the DJ's response was - It's ok- they all signed waivers so we aren't liable.

I think it's no different then serving drinks to guests at your party and allowing them to drive home drunk or from a bar. How many people/business owners have been found liable? They created the environment for something lethal - in fact they were rewarding those for taking this risk.

I would be curious if the liability waiver clearly spelled out the risks. I agree that no one forced her to drink the water- but did they share the known risks? They also can't claim ignorance to known risk when a caller's warning was broadcasted..

Are the DJ's/station owners responsible? I would think in a civil case - YES . Criminally - well unfortuately stupidity isn't a crime

[BC-Maura]

Originally Posted by Natalie Rose

Obviously they weren't really thinking that it could be dangerous but they obviously knew it could be fatal. Does that make them liable?

No because it doesn't change the fact that they didn't owe her a duty. You can't be liable for negligence unless you had a duty to someone.

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Maura