It would be difficult, if not impossible, to sue the media folks for negligence because they owe you no duty. Before one can breach a duty of car, i.e., be negligent, there has to be a duty of care. There is no such thing as an open-ended duty to the world. I can almost guarantee you that unless you have a contract directly with the media company and have paid them money (and probably even then), they have no duty to you and thus, could not be negligent, in the legal sense. Even if you had a contract with them, you could not sue for negligence, but only contract remedies and I guarantee you that all of their contracts exclude situations like this from liability as a term of the contract.
Nice idea, but it would be a long-shot, at best, IMO. That said, none of that means that some folks might not try.
Troy |