Incidents that happen on obstacle courses are rare, but they do happen. Large obstacle courses can be dangerous and sometimes deadly. This case is no exception, and a West Virginia company, Tough Mudder, is faced with a wrongful death lawsuit filed by a deceased participant’s mother due to negligence.
Tough Mudder is an event that has over 24 obstacles in a 10-12-mile course. Reports indicate that the incident happened last year while a man was participating in the obstacle course. While the 28-year-old participant was going through the obstacles, he ended up in a water pit called “Walk the Plank.” He became submerged under the water, and reportedly, a diver could not immediately retrieve the man from the water; it apparently took several minutes for the rescue to take place.
Eventually, the man was pulled from the water. Unfortunately, however, life-saving measures were unsuccessful, and the man was pronounced dead the next day. According to the medical examiner’s office, the death was caused by drowning. The plaintiff is requesting judgment for an undisclosed amount in damages.
The loss of a loved one is undoubtedly devastating for most families, especially when the death is sudden. In this case, the deceased’s mother filed a wrongful death suit since the diver employed with the obstacle course allegedly failed to act promptly. The court may award the damages she’s seeking if evidence deems Tough Mudder is liable and the employee’s lack of response caused or contributed to the death that occurred. The same rules apply under West Virginia law for families who have lost loved ones due to another person’s negligence.
Source: insurancejournal.com, “Mother Files Wrongful Death Suit Against West Virginia ‘Tough Mudder’“, John Raby, May 7, 2014