> I would assume that "involuntary manslaughter" is probably being considered.
I don't want to assume anything, as all I know is what I have read. I have no personal knowledge of the facts. But, in my state, Criminally Negligent Homicide would be the first offense that might come to mind. Reckless Homicide might also be in the running. I don't know what offenses California has that are analogous.
I did notice in one of the stories that staffers had allegedly instructed participants that, "if you don't feel like you can do this, don't put your health at risk." Some lawyer will argue this shows they knew the stunt was unreasonably dangerous. BAD. VERY, VERY BAD.
> Not all morning stunts are done with either knowledge or approval from said Managers...
I am not sure that is very relevant legally. Managers have an affirmative duty to supervise subordinates, especially when they are on notice that these employees might pull off silly, possibly actionable stunts. Managers can find themselves on the hook for failure to properly supervise, if harm to the public might be foreseeable. Again, it is impossible to draw any hard conclusions in a vacuum of facts, but, if I were management there, I would be seeking counsel. NOW.
> From a liability stand point, unfortunately NINTENDO has some MAJOR exposure here as well...
ONLY if Nintendo directly or indirectly participated in or encouraged this ill-conceived stunt. Did they? If the soon-to-be defendants simply purchased a Wii, Nintendo is not negligent. No negligence, no liability.
So far, no words from Entercom it seems. Tacky. They need to get in front of this NOW.
DE