Wii contest death yields no criminal charges

it is a sad thing that happened, but it really was her own choice to participate.

That being said, it is a good thing that these people lost their jobs, given that they had callers tell them how dangerous it was that they brushed off, as well as that one class act that said "it doesn't matter if they die, they signed a waiver" or something to that effect.

http://www.jodyanthony.com

Yes it was her own choice to participate but was she well aware of the risks? I don't think so. Was the radio statin even aware of the risks? No, don't think so. If they were to hold such a contest they should have researched it better and had they done so, no such contest would have happened. You can't blame her for now knowing. She put her trust in them, thinking, "this is a radio station, they know whats safe and whats not.." I don't believe the radio station should come off so easily. They should have done their homework before prodeeding with such a moronic contest.

Trying to take a Wii leads to water intoxication..... irony.

Anywho, huzzah, huzzah. She died and the courts did not award umpteen millions to her family that filed a lawsuit before she was even buried...

I would say there is justice in the world but this was only the criminal hearing. The civil suit is next...

I hope those Radio DJs die in a fire. They are so cold when that person calls in to warn them. I hope they die in a fire.

Did the radio station actually inform the contenstants that, upon participating, death is a possibility? I highly doubt this small disclaimer was mentioned. Those involved really should get more than a firing and slap on the wrist.

Todd - standard disclaimers for... well... everything ALWAYS include an injury and death clause.

The family will get money though they dont deserve it - this woman choose to participate, it is no one's fault but her own.

cue all the "it was her fault for being stupid" comments.. I still say that when you participate in something like this, there is an implied "they wouldn't let me do this if it could kill me" feeling. Kind of like if someone went on Fear Factor or Survivor, or even just rode a roller coaster, it seems deadly but you expect that the people organizing it have taken necessary precautions. I think the station should have been found criminally negligent of the risks involved in the contest. They should have at least informed the contestants "if you experience any of these symptoms, you should probably go to a hospital." Especially after people called in to tell them there are risks.

It would be stupid if she got any money, or her family got money in a lawsuit. She knew what she was doing. Its not the radio stations responsibility to inform others that there is a possibility of death in anything you do. What about pie eating contests? Im sure you could die from that.


Im a firefighter, how stupid would it be if my family sued the Fire Dept if I died stating that I didn't know I could die running into burning buildings?

Granted mine is a little more extreme, the point remains.

They really couldn't come up w/something better and less contraversial? Wii-lent for a Wii, Wii-tail for a Wii, 3 Wiis and you're out of a Wii..... anything else.

-1 reading comprehension for sheppy

You don't even need to RTFA to see that the civil case (which may or may not result in the handing out of cash) is unresolved. All this says is that there will be no criminal case.

@Paul

It's one thing to shove in the standard "You could die or be injured" clause, but the DJ's knew in advance that death was a strong possibility and failed to really disclose this to the general public.

The way I see her dying from drinking contest is same as a contestant dying on a eating contest... If that person eats so much he/she dies then its his/her fault.. Its pretty much common knowledge that if you eat THIS MUCH and NOTHING's coming out the other end the food must be stored "somewhere".. doesnt take a genius to figure that one out. If you are drinking 2 gallons and not peeing you gotta wonder where in your body the water is being stored at....

THIS IS ALL DARWIN'S FAULT!!! DAMN HIM AND HIS SURVIVAL OF THE FITTEST!!! WHY CAN'T THE STUPID LIVE... WHY?????

@Todd

Gimme a break. The DJs did not know it was a "strong possibility." In fact, I think they thought thought it was a very very unlikely possibility. I mean, how many times have you heard of someone dying from water intoxication?

And if this was such common knowledge as you suggest, then the woman is clearly responsible for her own actions.

Yeah I don't think they should go to jail, but they're going to pay out the ass for the civil suit. Serves them right, no matter how stupid this woman was for being in the contest, the radio station was still negligent for holding the contest without reasearching the health risks and for ignoring the warnings of the people who called in.

Okay, since one of you has already taken care of the person who took this to mean that her family won't recover civilly, I guess I don't need to jump all over him for his ignorance.... I will say that I wouldn't want to be the legal representative for that radio station- if they had taken like 10 seconds and consulted a physician on whether or not this contest was a good idea, none of this would ever have happened and that family would still have a caregiver, mother and wife. That family will recover, and it will probably settle out of court. It *is* the radio station's responsibility to inform contestants of dangers inherent to the activities that they are partaking in- it's their contest, they are receiving the benefit of the promotion and media attention and they have a duty of care to their contestants to see that they don't, like, die. However, there's a huge leap between civil liability and criminal negligence- the mens rea (or mental state) necessary for culpability for a crime probably rises to a level that is just significantly higher than what happened here. If the state could prove that the station knew that the conduct could cause water intoxication and death and just chose not to tell contestants- that's one thing- that would be recklessly disregarding a known risk- but if they were just stupid and didn't think to ask... tremendously dumb, very sad, but not criminal. I certainly wouldn't indict it. And for the people comparing this to running into a burning building- there's kind of a small difference between assuming a known risk for your employer (e.g. getting burned to death or crushed by a building) and a side effect that a reasonably prudent person would have thought to check into before having unsuspecting and unknowing people drink an assload of water. Last time I checked no one has died from blueberry intoxication as a result of overindulging in a pie eating contest.

"9. -1 reading comprehension for sheppy

You don't even need to RTFA to see that the civil case (which may or may not result in the handing out of cash) is unresolved. All this says is that there will be no criminal case.

Posted at 3:25PM on Apr 3rd 2007 by White Rose Duelist"

Hmmm...

"3. Trying to take a Wii leads to water intoxication..... irony.

Anywho, huzzah, huzzah. She died and the courts did not award umpteen millions to her family that filed a lawsuit before she was even buried...

I would say there is justice in the world but this was only the criminal hearing. The civil suit is next...

Posted at 3:07PM on Apr 3rd 2007 by sheppy"

Third sentence, you fucking chimp.

So whats the death tally over the next gen consoles?

PS3: 0
360: 0
Wii: 1

I guess we know what console the crazy people play.

That station is going to get taken to the cleaners in the civil suit as well they should. It was just an all around stupid idea. Pretty sad when it would have been safer had they made them drink beer.

And FYI, White Duelest Rose, before you jump back, the criminal case hearing has a profound impact upon the civil case. After all, if the criminal case couldn't find the station employees guilty of criminal negligence, what makes you think the civil case can?

Some people have been shot over the PS3, and one store was robbed and the employee working killed because of it. I am sure there were a few incidents with the Xbox360 as well at launch, I just was not following it that closely at the time.

The only good thing about this is it shows that frivolous lawsuits in the USA will not get you immediate cash and set you up for a life of ease, especially when a waiver is signed. There is still the civil suit however..

This is a really sad case but I feel also that no further action should be taken. I think the organisers living with the guilty is a huge punishment as it is, and any punishment is hardly going to deter people from having their own water drinking competitions.

http://www.MarioKartWii.com

Tell that to O.J.

I still believe that the DJ's were negligent. They didn't have any medical personnel on site and didn't think for a minute to check to see if drinking too much water in sucha short period of time could kill. Even when they were warned by people calling in they didn't care about human life, all they knew was that they had a waiver signed and their asses were supposedly clear. I hope their is an appeal. This isn't like a knife throwing contest and someone cut themselves.

i was just about to point out what #21 pointed out.

criminal cases require the highest level of scrutiny and evidence. the DA felt that there probably wasn't enough evidence in the case to go to criminal proceedings. it's the same reason why the RIAA avoids criminal cases and goes straight for the civil proceedings despite labeling their lawsuit defendants as "thieves".

civil cases have a much lower level of scrutiny; you don't have to prove things beyond a reasonable doubt. not to mention that the facts behind this case are extremely strong for a wrongful death suit.

also, waivers don't automatically allow you to do whatever the hell you please. i could sign a waiver from Microsoft saying that by using their software, i forfeit the life of my first born child. even if i signed that, it still wouldn't be legal. all of you claiming that the waiver exonerates the radio station and its staff from their guilt in the death of this poor mom need to take a step back and think for a bit.

Everyone find cover and put your vehicles in the garage immediately because pigs are flying. A court in California made a sensible ruling? That's absolutely unheard of. I wonder if they were just fans of that morning show.

Shagi...you are an idiot.

There were several PS3 waiting line deaths at launch.

You kiss your mom a little longer than you should, don't you?

Oops. -1 reading comprehension for me too. You're still not correct. The criminal proceeding would not award damages to the family; that is the entire puprose of the civil case. Also, criminal negligence has a much stricter burden of proof than negligence.

@Kenny

Please point out where I suggest that this is common knowledge? Until reading the article and then performing my own research, I had not realized someone could die from something called Water Intoxication. It was later discovered that the DJ's knew of the risk. Some advanced warning would have allowed people to think this through more carefully.

"Gimme a break. The DJs did not know it was a "strong possibility." In fact, I think they thought thought it was a very very unlikely possibility. I mean, how many times have you heard of someone dying from water intoxication?"

They didn't? I'm guessing you didn't actually listen to any of the radio broadcast that was posted here and elsewhere. Someone should tell the nurse who called in and told them that very fact....right AFTER they finished JOKING about a local boy WHO DIED OF WATER INTOXICATION in the area two years previously. They were quite familiar with it, received warnings about it and laughed and downplayed the possibility while it was happening in front of them.

You can argue a lot of things about this case, but the DJs being ignorant of the risks involved is almost certainly not one of them.

Actually Sheppy, criminal cases often do NOT have impacts on the civil cases when defendants are found not guilty. Ask O.J. Simpson how his civil case worked out for him after he was acquitted in criminal court. For one thing, you have a totally different standard of proof in a criminal case (the burden is way higher criminal) and for another you have (at least in my jurisdiction) different evidentiary rules that allow the admission of a lot of things in a civil case that wouldn't get anywhere near a criminal courtroom. By definition a civil court would NOT be finding anyone guilty of criminal negligence... that would be the job of a criminal court. Think of product liability cases where corporations have to shell out cash for things that blow up, but no criminal charges follow.

The DJs and everyone that was listening to the radio/could hear them... so I think one can safetly assume that the woman knew...

Also even if she didnt, how is this anyone's fault but hers? Was there a funnel in her throat? Was she tied down and forced to do this?

No, its just another example of how we americans hate to take responsibility for our own actions.

@WizarDru

QFT

"I'm guessing you didn't actually listen to any of the radio broadcast that was posted here and elsewhere."

Did you? Because towards the end, when she started complaining about severe headaches, they started saying she should go to the hospital. At least, from what I recall. Not to mention she constantly had the ability to vouch out at any time and she was right there, making jokes with them, about how she looked pregnant.

I'm so tired of people claiming this is a one sided blame event.

Was the woman actually told that she could die if she drank too much water?

Shagi...you are an idiot.

There were several PS3 waiting line deaths at launch.

You kiss your mom a little longer than you should, don't you?

I don't remember reading of anyone in the news who died over a PS3, please post your sources. I remember someone was shot but he didnt die and infact gave his friends money to buy his PS3 before they put him on the ambulance.

I also remember that an EB employee and his buds robbed himself and got caught.

I don't remember anyone dieing though, please post the articles.

@sheppy

Usually, you make a good point and I agree with what you say, but not this time. I don't recall them telling her she should goto the hospital afterwards, I remember them telling her to goto the bathroom at the end of the broadcast. The radio station is very responsible in this case for her death, and not just by legal reasons. I understand your disdain for frivilous lawsuits, but this is not one of them.

This isn't like she was driving in her car while listening to the radio, laughed so hard and crashed into a pole. In this case she had a radio station telling her that the worst thing that would happen is she would throw up the water, that her life was in no mortal danger, this is EVEN after many people called in to warn the DJs, they were wrong in this sense. They laughed it off and basically told those people "You are Wrong", "This isn't going to happen here", "No one is in any danger" Had they had a medical practioner on site, or even drove her to the hospital afterwards they would have been in the clear. They didn't, and they were directly responsible for her death.

Anyways, on the lighter side of things, the best thing that came out of this situation is cancelling that damned radio station. I live in Sacramento, and boy was that station pure crap.

edog lost: "I hope those Radio DJs die in a fire. They are so cold when that person calls in to warn them. I hope they die in a fire."

Yes, and saying that you hope they die in a fire is a kindhearted, humanitarian attitude.

Sensible? That's highly debatable.

The store that was robbed was robbed by its own employees, and no one was killed during that 'robbery' as far as I know...can anyone post a link to a reputable site that shows and PS3 related deaths?

Oh man, I just realized... What if I die tomorrow... The only pictures that could be used of me are horrible! I need to take a good picture asap. So an ugly picture of my mug isnt posted all over websites.

Okay my 2 cents

In ALL eating contests, there is a physician, and the participants are well-informed about the risks, there is also medical help on-site. In this contest though, there was no physician, the participants were uninformed or even misinformed ("You'll just throw it up"). Not only that, but water intoxication is NOT common knowledge, up until I read the news about this, I had never heard of it. This contest was poorly organized without researching the risks, and it's only right to sue them for criminal negligence. Did the woman have fault in this? Sure, she had some fault too participating in such a contest, but really how could she know that drinking too much water could kill you, even if you threw up and went to the bathroom? It's not like her bladder burst, the cause of death is more technical than that.

To end this rant, no, the waivers do NOT excuse the radio station from a lawsuit.

Is common sense really that scarce in the world?

Just in case anyone reading doesn't know: Drinking or eating too much of anything is bad for you.

Please, stop acting like stupid is an excuse. She could've researched the medical safety of water intoxication as easily as the radio station.

Yeah, they should've had medical staff on site, but is it their fault she participated? Did they hold a gun to her head? No. When did personal responsibility become a thing of the past?

@Shagittarius
I really don't beilive crazy people play the Wii
the crazy people play the ps3.
1. it costs so much money. you could by a computer for that price
2.I was at Wal-Mart the other day and the ps3 screen was frozen
3. Playstation games take forever to load. the other day i was playing The Matrix for ps2 and the graphics sucked and it took forever to load. i waited 5 minutes for it to load. And it wasn't the radio stations fault either. she signed up for that retarded contest so it was her own freakin fault.

Shaggi,

http://news.digitaltrends.com/article11768.html

Now stfu.

Those of you who think her family won't get paid in the civil case are really foolish. Any lawyer with a brain stem could try this case and get a guilty verdict. And then the amount of damages will be decided by the jury. As a matter of fact, there's no way this case will even go to trial. If the defendant’s lawyer is remotely competent then he/she will advise the client to settle out of court.

I'm sure you would all feel the same if this was your loved one.

I'm completely stunned by the amount of people who feel this woman is totally to blame. Sure, she made her own choice to enter a contest. However, the contest was being controlled and operated by instigators who chose to hold a potentially dangerous (and obviously dangerous due to the end results) contest.

If CBS were to have people on survivor get hurt, say bitten by a poisonous snake, and decided to tell said bitten contestant to "shake it off" instead of bringing in a qualified doctor to assist don't you think CBS would be to blame? Apparently some people posting feel the contestant would be to blame for participating in such a contest in the first place and being placed in a position where a poisonous snake was accessible.

Once in the contest, contestants are responsibility of those hosting said contest.

Hah hah, Derbeste, always looking to one up Shagittarius. In response, nobody died, just got shot.

Upon reading that article, I can safely say that the idiot deserved to get shot and was completely to blame. I don't think this guy got shot because of the craziness of the PS3 launch. He got shot because he's tried to challenge someone who had a gun in his face. What a moron.

Seriously, if someone has a gun in your face you don't challenge them.