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)