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Water Intoxication Lawsuit - $16.5 Million Awarded

Warning to all “contest” designers and the contest applicants:(Universities, colleges, radio and television shows, and party goers:

October 30, 2009 – Entercom’s radio station, KDND-FM, in  Sacramento, California, Defendant, lost in a water intoxication lawsuit when a contestant, Jennifer Strange, who came in second, died hours later after the contest ended, throwing up after drinking too much water. Strange died January 12, 2007.

According to the CNN transcript from the “Larry King Show” (see below), 19 participants competed in the contest. The contest was held at the radio station, using the community kitchen. The top contestants drank approximately a gallon-and-a-half of water. No nurse was on duty. Callers in to the live radio program, who spoke live with the DJs,  included health professionals warning that the contest was dangerous.

Contestants were offered concert, theatre, or movie tickets if they dropped out. Eventually Jennifer Strange accepted tickets, in lieu of the Wii.

KDND-FM DJs had joked on air – during the contest -  about “how little research” they had done before creating this contest where contest participants drank water, and avoided going to “pee” in order to win a “Wii”. While HLN didn’t make this clear, it seems this “joking” took place during the contest, not following the death of the contestant.

After the contest ended, the DJs interviewed Jennifer and jokingly commented on “how she looked three-months pregnant” as her “belly was sticking out”. (CNN – Transcript)

The jury of 12 put the blame squarely on the radio station, and not on the participant, who had signed a liability waiver. The liability waiver was thrown out by the court.

What I found interesting in this case, with what limited details which were covered in HLN Prime Time News with Mike Gallanos this early morning on October 31, 2009 (likely a taped playback of an earlier broadcast on October 30, 2009) was that the jury didn’t blame the participant for not using “common sense”.

Mrs. Strange was 28 years old and a married mother of three young children. HLN did not state whether or not the makers of the Wii, or the radio station, gave a Wii surviving family members, following the death of the wife and mother.

KDND-FM fired 10 workers after the incident.

For more on the story see the following websites:
http://www.cbsnews.com/blogs/2009/10/30/crimesider/entry5460584.shtml
(October 30, 2009 – posting)
http://transcripts.cnn.com/TRANSCRIPTS/0701/17/lkl.01.html
(January, 2007 – following the actual event – “Larry King Live” – CNN Transcript)

Dawn Dish Soap - $1 per Bottle to Wildlife Fund

If you buy Dawn dishwashing liquid $1 of the purchase can go to Wildlife Rescue via

http://www.dawn-dish.com/en_US/savingwildlife/home.do
or look on the bottle for instructions.

Superstore has the soap for $1.68 bottle right now.  Offer to donate $1 per bottle is good until the end of 2009 but you have to activate it by putting the bottle code online.

Contributed by friend of Moderator – October 29, 2009

Parents, Kids, Pets - Hand Sanitizer Warning

Courtesy of Yahoo News today – Warning for parents for their kids and use of “hand-sanitizers” .

Yahoo News is reporting by video on news stories about hand sanitizer safety issues.  The hand sanitizer products, such as Purell, are so heavily in demand due to the H1N1 flu scare. However, parents and teachers are being warned that while students and pre-schoolers may  use the product, watch that they do not overuse the products, or misuse the product.

Hand sanitizers have a very high content of ethanol alcohol. So, in addition to drying out skin, the problem comes if kids lick their hands, or eat the product – they can get a form of alcohol poisoning.

Also, be careful about ‘rubbing your eyes’ or touching or sensitive body parts with hand sanitized hands as it could cause irritation.

Additionally, the news videos are warning that due to the alcohol content in the hand sanitizers, be sure to keep them away from flames or fire – the product is highly flammable.

It is recommended that hand sanitizer dispensing is only distributed to kids by adults.

And of course, what isn’t good for kids to eat, is not good for your pets to eat, either. Watch that pets do not lick hand sanitizer -hands – even if the product has dried.

Pet Importing: See Canada Food Inspection Agency

Canada Food Inspection Agency oversees the importing of pets: See: http://inspection.gc.ca/english/anima/imp/petani/petanie.shtml

Teen Parties: Rainbow Club, Poppy Seed Tea, Sexting - Crisis Waiting to Happen

Channel flipping through the news and talk shows this week has turned up some interesting warnings for parents, and smart teens to start doing more talking and asking questions. Parents: do you know about “poppy seed tea”, “rainbow club”,  “sexting” and “dry-humping parties”?

Some Urban Definitions:

Poppy seed tea - the recipes are well known on line among the teens that they can get a fast high drinking poppy seed tea — and also not realize that drinking this tea is flirting with possible death.

Rainbow club – seems it is now a really cool thing (NOT!) for girls as young a middle school to be each wearing a different shade of lipstick, then the goal the boys have is for each girl to kiss his “junior” creating a band of colours up  – well, you know.

Everyone seems to think this is so much fun – without a thought about STDs, possibly even catching each other’s colds, the flu, or maybe even more ’scary’ the H1N1 flu this way. Maybe the guy isn’t sick but the girl could be picking up germs from another girl. Let alone “since ‘when’ did this become a cool thing to do? What happen to some of the earlier steps we parent-types used to enjoy? Holding hands, writing a boy’s or girl’s name in the margin of our notebook sheets, working out numerological combinations with our latest crush’s name, making gum wrapper chains as tall as the guy, guys riding by on their bike, or doing goofy things to try to get his lady-love’s attention or note writing and passing. Ah, the good ol’ days – what is the rush? Is a permanent relationship or marriage becoming a less of a goal as divorce rates rise and birth control methods can delay periods for over three months? Is having sex becoming so much easier? Are girls losing their emotional connection to the act of passionately being with someone they are in love with, vs. in lust with?

Sexting – Is texting and sending sexual pictures of yourself, or someone else. While it seems to be an up-the-anti game in schools to see who can send the most exposed picture (and the news is mostly covering the girls whose pictures are sent), the police are ready to arrest students (or adults) doing this and charging the person who sent the photos, and anyone keeping the photos on their cellphones with ‘holding of pornographic images of a minor’. So, this is very risky actions for legal reasons.

Dry Humping Parties: Teens are getting together in schools, each other’s houses, clubs and other places to have dry-humping parties – basically sexual grinding each other, but with clothes on.

Suggestions for Parents:

Have an open conversation with your student-teens and pre-teens. Families that talk likely have less a chance of the students participating in this ’stuff’. Peer pressure can be very strong. Being accepted or popular can seem to be the absolute most important thing when you are 13 – 18. However, if your kids do get involved in these practices, be ready to listen and not ‘judge’. Be helpful and give them a support system outside their existing peer group – you. If you think they can’t come to you, maybe they can come to someone that you trust who is younger. Talking about sex or drug stuff with a parent can seem well, weird, to a teen. The point is that they need to know that they have choices and can choose differently.  Threats or saying ‘no’ to your students “if I catch you, blah, blah, blah – ” will just drive them underground. They need to know that they can come to you with questions. (Or take them to a doctor or a birth control clinic where they can ask questions to a professional confidentially).

Frontal Brain Development:

While girls develop faster than boys, teens frontal brain development, which functions as the ‘executive planning and function’ centre for the brain doesn’t fully develop until late teens in girls and mid-twenties in boys. Thus, in part, while you may be thinking “What were you thinking when you did ‘x,y,z’?!” – the point is: maybe they weren’t thinking as they weren’t able to – yet. Likely they need a sounding board who has the ability to assist them with seeing longer term consequences, without it landing as a lecture.

Talk to Sons, Too:

Meanwhile, have the conversations with your daughter AND your sons. Boys need to own their actions, too. If you make it okay for him to be on the receiving end of a rainbow club set of lipstick ‘rings’, then you are equally telling him it is okay for his sister to be delivering ‘rings’ to his friends.  Wake up call – both sons and daughters need to learn the risks around risky actions. None of the above are harmless – all can either kill you, or make you wish that you were ‘dead’. (Try getting back naked photos of your thirteen year old daughter that are posted on the Internet and gone ‘viral’, which can be sold and resold for years!)

Ethnic Minority Students are Also Involved:

I found even I had a blindspot on my knowledge. I am so familiar with minority groups that usually have arranged marriages, it just never occurred to me that Middle Eastern girls or East Indian girls would be participants in this. What a wake-up call! There on the documentaries this week were the girls from conservative families opening talking about ‘who’ was participating. Parents from conservative cultures: You are not exempt – please have conversations with your children, too.  Your girls may be keeping their ‘virginity’  – but they may also be participating in some very ‘creative sex play’ at the same time.

………….

Do you need help because you already have a Reputation Management problem with your student teen? Contact me, or one of my contacts,  may be able to help you. There are ways to get the attention of social networking sites to take down photos, and also to trace back who uploaded them, or to contact cell companies for forensic track -back.  We can help in Canada, or U.S. If you are overseas, it will be on a case-by-case basis.

Call: 778-235-9765 or email: caesib@crisis-coaching.com

HAPPY Act - Relief for U.S. Pet Owners - Tax Credit

A proposed resolution sponsored by U.S. Rep. Thaddeus McCotter, R-Mich., will grant every household in the land a $3,500 tax deduction for “qualified pet care expenses.” This legislation, titled the Humanity and Pets Partnered Through the Years Act (aka HAPPY Act), is aimed at acknowledging the crucial importance of pets in American family life in a palpable way — via your year-end bottom line.

Pending its passage, up to $3,500 of our pet food and veterinary expenses would effectively be 10% to 30% cheaper than what we currently pay (the discount rate depends on your tax bracket, of course). Considering that most responsible pet owners stand to spend about $1,700 on each pet per year, such a proposal would help each individual or family support a couple of pets a year in the manner to which they’ve become accustomed.

SOURCE: http://www.usatoday.com/life/lifestyle/pets/2009-10-01-dolittler-happy-act_N.htm

See the actual blog for the Bill:

http://www.opencongress.org/bill/111-h3501/show

Crisis Management Steps

How can you plan for a crisis in advance?

What steps should you take at a time of crisis?

These steps will help you harness your fears and go forward with options and plans. Facing fears and going through the process is faster and will keep you feeling in control, versus possibly feeling a victim of a horrific situation. You will get through the crisis if you stay focused on your options and plans.

For Personal and Professional Crisis Management:

Planning in Advance:

  • Create a crisis-management team of people around you, and you may find that you can all be there for each other. Ideally, you don’t want your team to be your direct family members for this. Why? Because if the crisis involves your direct family,  your direct family members may not be able to help. They may be going through their own trauma. Source arm’s length people – friends, neighbours, professionals (lawyer? legal assistant? bookkeeper? advocate?), parents of your kids’ schoolmates, etc. If you are single and living alone – this step is CRITICAL – do this NOW if you don’t already have it done. Crisis don’t usually come with much advance notice.  If you have a plan in place and suddenly fall and break your ankle, or get surprised with a light stroke, or no-warning heart attack, the better prepared you are beforehand, the better.

  • Suze Orman, world-known financial advisor is urging people to set aside nine months worth of savings to cover overhead for nine months. The recent economy downturn probably has taught us all that this is very important – forgo the pricey vacation and stick the bucks into any liquid savings account – and interest bearing account that can be cashed out without a penalty, or very small penalty.

  • Need to find more money in your month? Get networking! Learn to trade services with those you know, for services that you usually pay money for and consider joining a trade exchange group (barter) and to use the “free-cycle” services on the Internet to obtain items that you need, free. Be nice, also post what you aren’t using, as well.

CRISIS HITS:

Assess:

  • Assess your situation. Don’t rush, or don’t rush anymore than you have to.
  • First – fight every instinct to react or overreact.
  • Take a step back; take a few deep breaths; whatever it takes to restore your calm so you can think clearly.
  • Then get all the facts.
  • Get objective guidance.
  • Develop a clear picture of the situation.
  • Make lists, early and update often – before something happens.
  • Types of lists:  A) What you ‘know’. B) What you ‘know that you don’t know ‘yet’. The (C) list is what information you learn and you didn’t even know that you needed to know ‘that’.
  • Then – make lists what feels like ‘everything’ that must get done. Your (A) List has to do with your immediate crisis. Your (B) list is ‘the rest of your regular scheduled ‘to do’ list. (C) If this is your home and family, your C-list may be the list of what bills, doctors’ visits, school appointments, etc., that are on your calendar already.  You may need to ask someone to step in to either cancel these appointments, or reschedule these appointments and due dates. Most Accounts Receivables will work with you on a due date to extend it without a penalty if you only need a few weeks.
  • Make a phone list – of who needs to be called in an emergency. Employers, schools, relatives, friends, etc. Put this list where someone who is stepping in to help, can find it and make calls.
  • Make a D-list of ‘what can be delegated?  To -do’s such as: dog-walking, plant and fish -feeding, mail collection, laundry, even making the kids school lunches, picking up dry-cleaning, grocery shopping – find a relative, friend or neighbour who can be trusted and willing to help out.

Talk to People Who are Directly Affected by the Situation:

  • Trust the insiders you should trust.
  • Involve key people who either have a stake, have knowledge that will help in analyzing  or planning, or who will be significantly impacted.
  • Creating this team will create better decision-making and for internal communications.
  • People directly impacted will feel informed, not ignored or blind-sided.

Plan:

  • With your Team -gather information on the situation.
  • Develop best, typical, and worst case scenarios.
  • Create plans based on the known important variables and assumptions. Such as -  if “x” happens, then you do “y”. Planning enables you to act quickly, confidently, and effectively when the time comes to act. This especially works well, if you have a pending crisis – such as a possible death in the family.

Act:

  • Do your best to be  proactive, not reactive–good theory, not always easy. The line between proactive and reactive isn’t always clear; try to see  a difference.
  • Objective assessment and planning leads to calm and confidence.
  • You’ll know when you’re ready to act. Then it’s all about execution.

Communicate:

  • Communicate transparently and honestly, or at least appear to.
  • Appear as honest and transparent as possible.
  • Perception is everything. Know a) how best to tell them what they need to know,  and b) when they need to know it.

Bottom line:

  • Your instincts may be to react, keep things close to your vest, or even do nothing.
  • You need to fight those instincts.
  • Take a deep breath.
  • Get the right people involved.
  • Plan.
  • Then act decisively.
  • Communicate openly.
When it comes to crisis management, effectiveness comes with experience.

Remember:

  • Your emotions may likely influence how you behave in a crisis.  It’s that whole reaction to fear and anxiety thing. After all, we’re all human. Even in company situations, employees are human.
  • “What you’re made of, what type of person you are, impacts how you manage a crisis.”
  • The reverse is also true: “how you behave in a crisis defines what type of person you are.”
  • That’s what people will remember most about you.
References:
1. Crisis-Coaching training materials
2. Psychotherapy for the Gifted- New York City, New York http://www.psychotherapyservicesforthegifted.com/Services.html