According to a college student that partook in an annual mud run, even though he signed a liability waiver, and was told not to dive into a mud pit, the event's emcee goaded contestants to go for it anyway. As reported by Michigan Live the student took the dare, made the dive, and now suffers with paraplegia that has since prompted a personal injury lawsuit against the organizers of the event.
Rochester Hills resident J.S. dove head-first into a mud pit while competing in the 2011 Warrior Dash held annually in Genesee County.
The organizers of the Warrior Dash, Red Frog Events in Chicago, have not given a comment to reporters or filed a response to the lawsuit.
Following J.S.'s injury, the race director for Michigan's Warrior Dash events, Ryan Mortimer, commented, "It's unfortunate. It's hard for us to hear. It was an injury related to the mud pit. He had dove in and unfortunately landed the wrong way."
Up to 25,000 participants take on the five-kilometer race that runs over a span of two days. There are several obstacles to surpass.
During the July 31 race held in the E.A. Cummings Center, J.S. suffered with paralysis from the chest down after attempting the final obstacle of the race: the mud pit.
J.S. signed a standard waiver of liability prior to starting the race. One caveat explicitly explained that contestants were not to dive into, or enter, the mud pit – headfirst.
As the race progressed, however, the emcee employed by the organizers failed to heed that same warning. Instead, the emcee both enticed and encouraged the athletes to dive into the mud pit.
The suit states, "The encouragement to dive into the mud pit was so pervasive that it was common knowledge amongst the race participants that not only were they allowed to dive into the mud pit, but they were encouraged to do so."
Michael Behm, J.S.'s attorney, stated that his client saw several other participants dive into the mud pit after being goaded into it by the emcee.
However, after J.S.'s dive, he sustained a spinal cord injury resulting in quadriplegia, recurrent respiratory failure, pneumonia and months of hospitalization.
Mortimer states that no participants of the event had ever been injured as badly as J.S. had been – and that the event safely been held in 33 different locations nationwide.
The suit seeks over $25,000 for damages, court costs and attorney fees.
Though this is the first case of paralysis brought on by the race, a 55 year-old Vassar man stopped breathing near the finish line of the last event, the 2012 Warrior Dash. The man was "shocked" back to life according to a park ranger credited for saving the man's life.
There were over 75,000 spectators and participants at the 2012 event.
If you have sustained an injury and you believe that it was the fault of another party, contact a personal injury lawyer to sue for your damages. A monetary award can help defray your medical bills, loss of income and other costs.