J
Johnny Morgan
Guest
Why is someone else always responsible for a person's folly?
Because in law, there can be one or more persons whose fault proximately caused an injury.
The fact that this woman volunatrily drank a gallon of water is not in dispute. No one has ever disputed that.
But, in California, that does not change the fact that someone else may also be liable for her injury (or in this case, death), regardless of the fact she voluntarily did anything. The station, management, and hosts knew or should have known the same warnings about drinking water as she did--especially since, as we have seen, they are publicly available.
Also, this woman did not voluntarily drink this water in a vacuum--it was in response to the station's own contest offer. As part of offering the contest, with these parameters, the station had a duty to alert contestants to any dangers it knew or reasonably should have known. Ingesting this much water in a short amount of time, with no relief, is a hazard of the kind which the station and its personnel should have warned. The fact that she kept going does not relieve the station--or its hosts--of the responsibility to stop the contest. If they asked her if she was OK, they knew that there was concern of some sort. It was negligent to continue to place her in harm's way knowing those dangers.
Again, this does not relieve her of any fault of her own--that will be weighed (by the jury) against the fault of the station, its management, and hosts. But fault of the plaintiff is not an end-all to recovery or a finding of liability on the part of the defendant.