In "The End", Who's Responsible?

[Johnny Morgan]

And a reasonable person withdraws from any event that might be potentially life-threatening upon being made aware.

Yes--and was she made aware? I thought that was the whole argument here--that the station didn't give a warning.

Possible. Not likely. It is possible that you'll have a food reaction to an ingredient in your next Togo's sandwich. Does Togo's have to tell you every ingredient in their sandwhiches?

Yes, and they do. They have ingredient lists available, as do all restaurants.

It is possible that you could die in your car on the way to work tomorrow due to carbon monoxide poisoning if you don't open a window. Does the car manufacturer explain that this could happen?

Yes. Read the owners manual, they actually do warn just such a thing.

You can't know if this is likely if there's no information available to support the theory.

As I explained, a publicly-available Google search, or a consult with a medical expert, would provide the necessary information. You do NOT need an on-point, exact replicated circumstance before to issue a warning. And as we have seen here, the hosts at least (and possibly/probably station management) did not do any reasonable amount of research into this to issue a warning--or if they did research it, they did not in fact issue a warning. That is the breach of their duty.

I believe they were warned when the phrase (paraphrasing) "yeah..someone could die from this..perhaps we should've done a little more research"

At that point...a reasonable person makes a rational, voluntary decision whether or not to continue. AND...assuming she did not hear this information, as some have claimed...their family and friends had ample opportunity to warn them once this potential was exposed.

Yes, that would be a warning--after the start, so not relieving any harm that was already in action at that point--but it does prevent liability for harm after that point. But, it does appear that she did not hear or was not in a position to hear that warning--in which case, it works as if it was never said. And her family was not running the contest--the station was. THEY have the duty to warn--not the family. Morally, they may, but the station owes its own duty.