Woman dies after water-drinking contest

[Jared]

After reading this article, this contest looked like the perfect setup to induce water intoxication. They should have checked with a doctor before conducting this contest. I wonder if they can be held accountable in any way?


Water intoxication

More than likely no criminal charges, but I would expect a civil suit.


I am not a lawyer, however, I used to work for Entercom Broadcasting, the parent company of the station in question. SOP is have every contestant sign a waiver of non-liability with regards to the station. EVERY TIME!

If the station didn't do that they are screwed.

But in order for criminal charges to be filed, even negligence, the DA would have to prove that anyone there knew they were creating an unsafe situation. I would have known, but only because my wife is a doctor.


Sad all around.

[His Wife]

More than likely no criminal charges, but I would expect a civil suit.


I am not a lawyer, however, I used to work for Entercom Broadcasting, the parent company of the station in question. SOP is have every contestant sign a waiver of non-liability with regards to the station. EVERY TIME!

If the station didn't do that they are screwed.

But in order for criminal charges to be filed, even negligence, the DA would have to prove that anyone there knew they were creating an unsafe situation. I would have known, but only because my wife is a doctor.


Sad all around.

She signed a waiver, Jared. Heard that on Hannity and Glen Beck show tonight.

[Day1BroncoFan]

More than likely no criminal charges, but I would expect a civil suit.


I am not a lawyer, however, I used to work for Entercom Broadcasting, the parent company of the station in question. SOP is have every contestant sign a waiver of non-liability with regards to the station. EVERY TIME!

If the station didn't do that they are screwed.

But in order for criminal charges to be filed, even negligence, the DA would have to prove that anyone there knew they were creating an unsafe situation. I would have known, but only because my wife is a doctor.


Sad all around.

There is some audio of the DJ's actually discussing the possibility of some one dieing. They were aware of the risks. As I understand it some callers warned them of the risks and they continued anyway and even laughed when they said they were protected by a wavier.

You can read the script at the links below.

Here is a follow up for this story. Looks like some heads may roll over this.

Authorities Investigate Case of Woman Dying After Water-Drinking Contest

Radio Station Fires 10 Employees, Suspends Show After Woman Dies in Water-Drinking Contest

[Jared]

There is some audio of the DJ's actually discussing the possibility of some one dieing. They were aware of the risks. As I understand it some callers warned them of the risks and they continued anyway and even laughed when they said they were protected by a wavier.

You can read the script at the links below.

Was it before or during the contest.


I am not defending the contest, but if they knew BEFORE the contest, that is definitely homicide by way of negligence or depraved indifference.


If they were called during the contest, I can tell you that they, like me, are probably kinda jaded, because people call in all the time and claim to be whatever. It would still not make a civil suit go away, but it would probably be harder to prove that they really believed that they could do any harm.

All Ia m saying is, that in my experience in radio, when people get injured, and/or die, criminal charges are usually very rare, and civil suits are generally won very easily by the plaintiff or settled out of court.

I think Entercom Corporate in Philadelphia, and it's president David Field (a genuinely good man IMO, in my two brief meetings with him) did the right thing by terminating the employees who were stupid enough to dream this up, and to alloq it (on air staff, promotions, and ultimately, I assume, the general manager.

They ultimately will be named in the suit, but they cannot control the day to day decisions of people 3000 miles away. This is really the only retribution they have on those now former employees.

I see that 10 got fired. WOW. That is a huge number for a radio station. That is probably more than half of the weekday programming/ops staff for a single frequency.

To be honest with you, if I lived closer, I would email Mr. Field and would love the challenge of rebuildfing that station from scratch. Because I can't see anyway they can even keep the call letters and not always have that stain on the record.

SIGH.

This is sad for everyone. Because other people who work for Entercom Sacramento, and at the corporate level are now guilty by association. Even if they had nothing to do with it at any level.

The general public in that are will always think of that station as the "one that killed that listener'.

And of course, most importantly, a family is without a daughter, wife, mother, and whatever role she took on in that family.

[Day1BroncoFan]

Was it before or during the contest.


I am not defending the contest, but if they knew BEFORE the contest, that is definitely homicide by way of negligence or depraved indifference.


If they were called during the contest, I can tell you that they, like me, are probably kinda jaded, because people call in all the time and claim to be whatever. It would still not make a civil suit go away, but it would probably be harder to prove that they really believed that they could do any harm.

All Ia m saying is, that in my experience in radio, when people get injured, and/or die, criminal charges are usually very rare, and civil suits are generally won very easily by the plaintiff or settled out of court.

I think Entercom Corporate in Philadelphia, and it's president David Field (a genuinely good man IMO, in my two brief meetings with him) did the right thing by terminating the employees who were stupid enough to dream this up, and to alloq it (on air staff, promotions, and ultimately, I assume, the general manager.

They ultimately will be named in the suit, but they cannot control the day to day decisions of people 3000 miles away. This is really the only retribution they have on those now former employees.

I see that 10 got fired. WOW. That is a huge number for a radio station. That is probably more than half of the weekday programming/ops staff for a single frequency.

To be honest with you, if I lived closer, I would email Mr. Field and would love the challenge of rebuildfing that station from scratch. Because I can't see anyway they can even keep the call letters and not always have that stain on the record.

SIGH.

This is sad for everyone. Because other people who work for Entercom Sacramento, and at the corporate level are now guilty by association. Even if they had nothing to do with it at any level.

The general public in that are will always think of that station as the "one that killed that listener'.

And of course, most importantly, a family is without a daughter, wife, mother, and whatever role she took on in that family.

From the story as I read it, it seems to me like they were called by listeners during the actual contest while it was in progress. I don't know much more about it than what you seen if you went to the links I provided. I'm not sure what the criminal charges would be if they did file any maybe some type of negligence or something along those lines.

One of the links says the County Sherriff will investigate and the other says he won't, who knows. At any rate it's sad for anyone involved, especially the woman’s children.

You’re right about the radio station. They will need some help getting back on their feet. They could start by creating a fund for the children or something like that.

EDIT:

I don't remember seeing you around for a while. Where have you been or have I been blind?

[Jared]

I don't remember seeing you around for a while. Where have you been or have I been blind?

Busy.

Holidays.

Active toddler.

Brutal commute.

Insanely busy wife.

burn out a little.


No internet time really.

[Day1BroncoFan]

Busy.

Holidays.

Active toddler.

Brutal commute.

Insanely busy wife.

burn out a little.


No internet time really.

Good to see you back, hope all is well!

[Missin#7]

I can't believe there isn't a lawyer around that wouldn't take this case, and find a way around the release form.

This just screams negligence on their part.

[orangenblue420]

Jareds right - alot of criminal law comes down to the wording of the law - "known or should have reasonably known" etc.....I see the case on the civil side probably settling out of court - esp if the radio station owners are decent people - as Jared said they may be - they shouldnt be held responsible but should def. take some of the responsibility of helping that family - you cant ever replace a mom with $$$ but it is the RIGHT thing to do at this point - i hope they step up to the plate -

As far as the DJ's and GM being criminally responsible - thats a tough call - it all depends upon what they knew before the contest and what kind of effort they put into making it safe for the contestants -

One thing that bothers me is the fact that she complained of having a headache - and they didnt take her to the ER or have her see a doctor - to me that shows a bit of neglect - if you are doing a promotion like that - you would think that if someone got ill AT the radio station they would help them - I think that will show more neglect than any other factor of the situation

[Day1BroncoFan]

One thing that bothers me is the fact that she complained of having a headache - and they didnt take her to the ER or have her see a doctor - to me that shows a bit of neglect - if you are doing a promotion like that - you would think that if someone got ill AT the radio station they would help them - I think that will show more neglect than any other factor of the situation

I think this may be the key to the whole thing right here. Callers basically warned the DJ's about this possibly being fatal, they laughed about it and said they were covered by a wavier, then a contestant has symptoms and nothing was done for her. If that's not a bit negligent I don't know what you'd call it.

[Day1BroncoFan]

Here is a couple more updates on this. This radio station may be in serious trouble if these stories are accurate.

Family to sue


Evidently there was talk about a previous death on the air during this contest as a result of a similar contest.

Sheriff "Looks" into death

[Emancipator]

Such a tragedy.

Prayers go out to her family.

[Jared]

The fact that they had waiver forms for this contest to begin with suggests to me that they knew from the start that it was dangerous. The only wiggle room I see is how dangerous they thought it was.

The industry has people sign waivers for EVERYTHING. Even just picking up a prize they won on a call in.


That does not reflect either way on reasonable knowledge of potential harm.

[2 Minute Warning]

*Albeit it could vary from station to station.

The industry has people sign waivers for EVERYTHING. Even just picking up a prize they won on a call in.


That does not reflect either way on reasonable knowledge of potential harm.

I disagree, I have won call in prizes plus worked at a radio staion.
Everything does not have a waiver.
*Albeit it could vary from station to station.

[His Wife]

Jared and Summerz!!!!

Since you both have worked in a radio station.....

How do you think this will turn out for the station???




Hey Jared, I just sent you a pm that I thought might interest you- FYI.