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| -Short Attention Span Theater- |
| UPDATE: Ten Fired after Woman's Death |
| 2007-01-17 |
| Posted by:GK |
| #9 KDND-FM's prescient motto is "The End". |
| Posted by: GK 2007-01-17 18:40 |
| #8 Excalibur: yes, she does, and if I'm defending this case, I'm going to be arguing contributory negligence (mainly 'cause it's all I got!). The ultimate question for the court will be what proportion of fault to assign to her, and what proportion to the radio station (for inducing her to do it, and an implied representation that the activity was safe). How that all shakes out in terms of damages depends on how the doctrines of contributory and comparative negligence are applied in that particular state. (Here in Ohio, if the plaintiff is more than 50% at fault, there's no recovery; in other states, a plaintiff who's 90% at fault could still recover 10% of her damages.) (There's also maybe an issue of intervening and superseding cause that might save the radio station's bacon, but that's heading into trial-geek territory and I'm not a trial geek.) |
| Posted by: Mike 2007-01-17 15:20 |
| #7 Not American here so I might be missing the point: Does this woman have no responsibility for understanding she was doing herself an injury? Ok, back to (rightfully) attacking the British justice system. |
| Posted by: Excalibur 2007-01-17 14:29 |
| #6 Think that turkey will fly Herb? |
| Posted by: Procopius2k 2007-01-17 13:39 |
| #5 Why didn't I think of this? |
| Posted by: Herb Tarlek 2007-01-17 11:01 |
| #4 IIRC--first year of law school was a long time ago--there was a case where a radio station had one of its DJs doing some promotion where he would announce his presence in various places in town and give away goodies to anyone who showed up within the next ten minutes. Somebody ran a stop sign while racing to get to the DJ and collect the goodies and caused a wreck, and (IIRC, again) the radio station ended up with civil liability for creating a forseeable hazard. I doubt the FTC will mess with the broadcast license. The civil suit will take them down quite neatly. |
| Posted by: Mike 2007-01-17 10:55 |
| #3 This story is so incredibly sad. :( |
| Posted by: Seafarious 2007-01-17 10:11 |
| #2 Probably one of the few events that would actually get the FTC to pull the station's license. Expect another round of 'regulations' on appropriate 'promotion' activities by license holders soon. That's going to turn out to be the most expensive Wii/console on the planet when all the loses are tallied. |
| Posted by: Procopius2k 2007-01-17 09:28 |
| #1 This is just the beginning. Wait'll the wrongful death suit gets filed. |
| Posted by: Mike 2007-01-17 06:57 |