Following the tragic and shocking story about a woman’s death resulting from participating in a radio promotion-stunt is a lawsuit from the woman’s estate. Read the full story here at law.com.
Television and Radio stunts have increasingly become more dangerous, taking participants to dangerous levels of risk. Unbeknownst to radio station KDND and Jennifer Lea Strange, drinking large volumes of water and not expending the water from the body can result in water intoxication.
Wikipedia.com, the free online encyclopedia details the physiology of water intoxication. Click here for a detailed explanation of water intoxication.
The plaintiffs’ attorney has indicated that the lawsuit alleges the claims of negligence and wrongful death. Negligence is defined as the breach of a duty owed to another, which results in the causing of damages. A person is liable for wrongful death if that person’s negligence causes another person’s death.
At heart in this case is the issue of the waiver, or release of liability that Strange signed prior to participating in the contest. It is very likely that Strange signed a release, waiving her right to pursue liability against the radio station in case of of injury or death. The question is whether such a release of liability is truly legally valid.
Some courts have held that such a release of liability is to be treated as a contract between the parties. This means that only the parties who signed the release could be bound by the release.
The story does not indicate whether or not Strange’s family signed the release, but if they did not, then such a release form would not bar Strange’s family from pursuing a lawsuit against the radio station for negligence and the wrongful death of Ms. Strange.