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Tue 4 Sep, 2007 12:21 pm
The one that really hit me was the little kid saying "I'm not old enough to do this" and the little girl offering to take on the role of his mother.
Have we sunk so low that we need to see little kids crying?
I've been reading articles about this... YIKES!
I haven't seen any promos yet but it sounds like an all-around yucky enterprise. So much to object to, but one thing is the contracts everyone had to sign -- I mean, they signed out of their own free will, nobody held a gun to their head, but YUCK!
So that's another objectionable thing, the parents that let their kids do this.
Then there's the fact that they hurried up and shot it in New Mexico before a new child labor law kicked in (NM was one of the only places that would allow them to do it... until the law kicked in anyway.)
And on and on.
Stupid thing for the producers to do anyway; the parents can give permission but can't sign away the child's right to sue.
Really? What I've been reading is that they did in fact sign away that right...
Quote:Though CBS denies any wrongdoing and has said that the making of the show did not violate any laws, some "Kid Nation" participants -- all of whom were between the ages of 8 and 15 -- were injured during the course of the filming, according to news reports. A few young participants accidentally drank bleach, one kid sprained an arm and one child sustained a burn from hot grease.
The kicker? The parents of these kids had to sign a contract saying they would not sue over anything that might happen to their kids -- up to and including death.
According to the document posted on TheSmokingGun.com, the parents were told, via the contract they signed, that the show was "inherently dangerous" and could expose their children to "uncontrolled hazards and conditions that may cause serious bodily injury, illness or death." The parents had to relinquish all legal claims on CBS if anything did happen to their children. Oh, and unless the families stick to the terms of a confidentiality agreement that the network is still enforcing, they could be liable for a $5 million penalty.
All for a $5,000 "stipend," which is what most kids got for participating in the show. (Some kids got an additional $20,000 if they won competitions within the show.)
http://metromix.chicagotribune.com/tv/mmx-0904watchersep04,0,312481.story?coll=mmx-television_heds
Oh wait, are you saying that while the parents can't sue, the kids can?
Can they just up and sue? Don't they have to be declared emancipated from their parents first, or something? (I really don't know how that works...)
Quote:Though CBS denies any wrongdoing and has said that the making of the show did not violate any laws, some "Kid Nation" participants -- all of whom were between the ages of 8 and 15 -- were injured during the course of the filming, according to news reports. A few young participants accidentally drank bleach, one kid sprained an arm and one child sustained a burn from hot grease.
The kicker? The parents of these kids had to sign a contract saying they would not sue over anything that might happen to their kids -- up to and including death.
According to the document posted on TheSmokingGun.com, the parents were told, via the contract they signed, that the show was "inherently dangerous" and could expose their children to "uncontrolled hazards and conditions that may cause serious bodily injury, illness or death." The parents had to relinquish all legal claims on CBS if anything did happen to their children. Oh, and unless the families stick to the terms of a confidentiality agreement that the network is still enforcing, they could be liable for a $5 million penalty.
All for a $5,000 "stipend," which is what most kids got for participating in the show. (Some kids got an additional $20,000 if they won competitions within the show.)
Holy crap!
These people don't deserve to have kids.
sozobe wrote:Can they just up and sue? Don't they have to be declared emancipated from their parents first, or something? (I really don't know how that works...)
I don't know either; they may have to have acheived their majority.
I just know that the courts have found that parents can't sign away the child's right to sue.
99% sure that's the case, anyway.
No kidding.
Here's the original article I read in the NYT, it seems to indicate that the agreement prevents the kids from suing, too:
Quote:The 22-page agreement leaves little room for parents to argue that they did not know what their children might encounter. As is standard in such agreements, the parents and the children agreed not to hold the producers and CBS responsible if their children died or were injured, if they received inadequate medical care, or if their housing was unsafe and caused injury.
But while such agreements might be standard for adult participants in a reality show, it also takes on a different tone when the minor and the parent are being held solely responsible for any ''emotional distress, illness, sexually transmitted diseases, H.I.V. and pregnancy'' that might occur if the child ''chooses to enter into an intimate relationship of any nature with another participant or any other person.''
NYT (Times Select, won't be available if you don't have it, let me know if you want more quotes from it though.)
("no kidding" was in response to "don't deserve to have kids...")
Interesting tidbits here.
legal blogwatch
The right of the child to sue may be a state-by-state issue.
Quote:Parent cannot contract away child's right to sue.
Trial, February, 2002 by Stephanie Levy
A child can file an action even if his or her parent has signed a release that purports to contract away the child's right to sue, the Utah Supreme Court has ruled. (Hawkins v. Peart, No. 20000562, 2001 WL 1326999 (Utah Oct. 30, 2001).)
Quote:Parents Can't Waive Child's Right to Sue for Skateboard Park Injuries
N.J. appellate ruling could apply to other venues of inherently risky activities
Henry Gottlieb
New Jersey Law Journal
March 24, 2005
Quote:Parent cannot sign away child's rights, Colorado court rules.
Trial, September, 2002 by Sara Hoffman Jurand
A parent cannot release a minor's prospective negligence claims, the Colorado Supreme Court has ruled. A liability waiver signed by a mother does not preclude her son's suit, the court said in reversing the trial court's summary judgment order.
Christian Science Monitor: "Before you cheer ... 'Sign here.'"Quote:"It's not a federal question, so there's no national answer," says Paul Anderson, associate director of the National Sports Law Institute at Marquette University in Milwaukee. "Each state set its own standards."
And that brings the question of jurisdiction. Did they sign the contract in California or New Mexico? Or does that matter?
That's a very good question.
Morally, however, everybody involved is in the wrong, IMO.
I'm contemplating boycotting the entire network.
you HAVE to be kidding...
a child, in a place where they say death is possible, and people hand their children over for 5,000$?
....what.the.****.
I know. If someone offered me that I'd be hard pressed to keep my fists in my pockets. My kids are worth a hell of a lot more than 5 grand, pig boy! (that's just me having imaginary arguments with imaginary people)
well, I could see letting JIllian go to a show like that if IF the rules, regulations, and legal mumbo-jumbo did NOT include death, dismemberment, and other slight issues..
(snort)
I am just picturing these parents thinking " that wont happen. They are just saying that to cover their buts. No one is ever hurt on these shows"
then I think of that guy on survivor who fell into the fire pit....
It's disturbing at best. I am amazed at the people who go on Fear Factor. Is money worth putting yourself through some of that nasty stuff? I mean honestly - is dignity worth $25,000.oo I know it depends on the situation. I am blesseed - by no means rich - but I have plenty - but I would have to be pretty hard up to put myself on a show like that for $25,000. I can't even IMAGINE thinking $5,000.00 is worth seeing my child on a reality program - even if they guaranteed nothing would go wrong. Number one - the little ones especially - 8 year olds? They don't have a lot of good sense. Bad things are bound to happen. 15 year olds for heavens sakes...some are great I am sure - it depends on how mature - but let's face it...don't you think they want these kids to make some stupid decisions? It's what ups ratings right? I can't even imagine.
And kids 8-15 all in the same groups?
What idiot thought this up?