Tough Mudder LLC, an organizer of obstacle challenge races, has been named as a defendant in a wrongful death lawsuit by a mother whose son drowned in an April 2013 West Virginia race, as reported by the Statesman Journal.
The race was held at the Peacemaker National Training Center located in Glengary.
M.S. has claimed that Tough Mudder failed to adhere to the basic safety precautions that would have prevented the death of her son E.C., 28, when he failed to survive one of the obstacles.
"Walk the Plank", the obstacle E.C. fell from, requires competitors to climb up a wooden wall to gain access to a platform. From a height of 15 feet the competitor is then to jump into a muddy water pit below.
Along with Tough Mudder, also named in the suit are Peacemaker National, Amphibious Medics, rescue diver T.P and event sponsor General Mills.
Tough Mudder, based in Brooklyn, New York, began organizing obstacle races in 2010. They now have dozens of events, held worldwide, every year. Two events were organized in Glengary in 2013 and another is planed for September 27 and 28 of this year.
This is Tough Mudder's first fatality. All competitors must be over 18 years old and sign a liability waiver before beginning a race.
According to the suit, the "Walk the Plank" obstacle was overrun with competitors. A division of lanes, in the water below, should have been set up to prevent people from jumping onto each other. There was one volunteer watching over the pool, and there wasn't a system in place to track the time between jumping into the water and emerging from it.
The suit states, "The lone volunteer atop the platform ... was ordering participants to jump off the platform while his back was turned to the water, so that he had no idea whether or not the pool was clear of participants below."
M.S. had just jumped from the platform when a female competitor jumped in and crashed into him – preventing him from swimming up to the surface according to witness accounts. While safely personnel failed to notice what had happened three more competitors jumped into the water.
According to the Berkeley County sheriff's department, their investigation led to no conclusion that M.S. had been struck down in the pool. However, witnesses claim that they did not see him emerge until he was pulled from the pool several minutes later.
T.P. is noted in the suit for failing to wear rescue equipment, and delaying two additional minutes before diving into the water to search for M.S.
Tough Mudder has since claimed that safely procedures have been examined. They had added additional railings to the "Walk the Plank" obstacle and have added lifeguards to directly oversee the pool.
The suit, seeking unspecified damages, was filed on April 18.
If you have lost a loved one in a scenario such as this one, or in any situation where someone else was at fault, contact a personal injury lawyer. A judge or jury that hears your case may order an award that will cover your damages.