That's ultimately why courts have the final decision. Attempts to duck potential liability through boilerplate non-disclosure, hold harmless, or forced mediation documents don't allow for the human standpoints of final justice. Now, had the person involved not died because of this stunt, then the judge could have taken into account whatever consent forms in any victim settlement. Or, had there been some underlying or pre-existing medical condition identified by a coroner or qualified physician, then that could have been taken into account, along with the consent form.But if this lady that died knew the risk of bodily harm and she still chose to participate wouldn’t that be her own fault..
Like most things discussed on this board, this incident happened a long time ago. As I recall, the judge found fault with the radio station management for not consulting qualified doctors or experts as to the potential human risks of the contest requirements. The station arrogantly figured that a member of the public willing to sign a waiver was enough to insulate them from liability.