Ah, that explains the attitude totally, if i had to work around a prison with everyone there always blaming everyone else i would probably have that type of attitude too.
Because she was not informed of the dangers of the situation the radio staion presented as the conditions for the contest. She has accepted the level of her personal responsibility to the point of her death. What level of responisiblity has been proposed for the others involved? Not much if they should not have even been fired for their part. :roll:
As with just about any contest there is a waiver that she more than likely had to sign. Atleast I know that the stations around this area that have stupid contests (G105) have waivers that each contestant has to sign before participating. These waivers basically let the station and it's employees out of any legal responsibility should there be a mishap. If that person in question signed a waiver, and that waiver frees the station and employees of any wrong doing then the way i see it is the DJ's shouldn't have been suspended/fired. If however there was no waiver then the station as well as it's employees should be fully held accountable for the accident. Craig
Signing a waiver does not necessarily release them from responsibility. All those years i was running little league football programs, all parents had to sign a waiver, but our board was told up front by the attorney that basically all that waiver is is a piece of paper and would never hold up in court to protect the organization from suit. Maybe he was wrong, i don't know, but we ran all the programs with that in mind.
Thanks girl, i didn't think so but figured since i am not an attorney, i had better put that in there before someone jumped down my throat:lol:
The waiver is legally not worth anything if there is not a accurate disclosure because the person signing is not informed. The waiver is only effective for an unusual situation of one which has been speifically disclosed in the body of the waiver.
A code particular to California, which makes such waivers more interesting to litigate. http://www.aroundthecapitol.com/code/getcode.html?file=./civ/01001-02000/1541-1543 1542. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. The liability the woman could not have signed away by the waiver even if she had wished to do so, as it is the right of her children. http://www.fleitmanlaw.com/newsletter/index.jsp?contentid=8RUkc5zZ0hKgUb6bo2AkFz7e&aop=20&od=1 Significant Variation Among Jurisdictions The status of the law with respect to a child's right to recover consortium damages varies significantly among states. In fact, the variation is so considerable that it is virtually impossible to set forth a generalized summary on the status of the law. Instead, examples of state treatment of the issue are offered to illustrate the great variety of approaches to awarding parental consortium damages.
Duh! She has 3 children. The gene pool is unaffected by her death at this point. Actually, I'm more concerned about the gene pool reading this thread, with people arguing that the DJ's and the radio station bear no responsibility for that woman dying.
By definition YOUR gene pool is too shallow for sustained existence, but that is another situation all together. I wonder who did the genetic mapping that documented this assumption?
UPDATE!!! No criminal charges will be filed in the case of Sacramento, Calif., mother of three who died early this year while competing in a water-drinking contest run by a local radio station, FOXNews.com has confirmed. http://www.foxnews.com/story/0,2933,263683,00.html
The family did not want them charged either, even though it could have helped their civil case against the station and the staff.
There is still hope for mankind yet. Now if they can get the civil suit thrown out all will right in the world.
That is just sad to me. I guess if I get in a wreck listening to Bob I will try and sue Clear Channel.