A California jury yesterday awarded $16,577.118 in a wrongful death action to the family of a woman who died of acute water intoxication after participating in a radio station contest to see who could drink and hold the most water in 2007. Tragically, Jennifer Strange lost her life for the grand prize of a Nintendo Wii, while the radio DJs joked about the possibility of contestants dying from drinking too much water.
Her family sued the radio station for wrongful death alleging the station was negligent in running the contest. The defense argued that the death was unforeseeable and if the jury found liability they must also find contributory negligence on the part of Ms. Strange.
If you have ever scanned the radio stations available in the metro Atlanta area, you have come across channels where the DJ's seem to be allowed to say and do just about anything to create a reaction. In the California case, they went too far through reckless conduct and abandonment of common sense adding up to negligence and liability. And although there is usually an argument to be made for contributory negligence, the majority of the liability will almost always rest with the purveyor of the contest.
More on the story:
Jury Awards $16.57 Million in Girl's Water Intoxication Death