An Ellicott City man was tragically killed this past weekend while participating in a “Tough Mudder” obstacle course. http://www.baltimoresun.com/news/maryland/howard/ellicott-city/bs-md-tough-mudder-death-20130422,0,3954904.story.
Based on what we know so far this case will almost certainly lead to a wrongful death claim against the operators of this race. Runners in these kinds of events certainly understand that they are subjecting themselves to certain risks by participating in them – twisted ankles, broken bones or even cardiac events come to mind – and probably even signed waivers to insulate the operators from liability from these known risks.
But drowning? It seems almost impossible to believe that the operators of this race would create an obstacle requiring people to traverse a plank over a body of muddy water deep enough to drown in apparently without warning the participants of the depth of the water. And if they were reckless enough to set up this kind of obstacle, it seems obvious that they should have stationed enough trained instructors in and around the obstacle to prevent such a forseeable occurrence. After all, everyone in the race is covered head to toe in mud as are the obstacles making them treacherously slippery. It is not only forseeable, it is all but certain that someone is going to slip or jump off of the obstacle into the water.