The Brooklyn, New York-based company, Tough Mudder, is facing a law suit filed by a Maryland woman who lost her son after he drowned in a Tough Mudder competition. Tough Mudder is an 11-mile race with obstacles throughout the entire course. The obstacles tend to be extreme in nature, and often involve climbing, swimming, balancing, and sprinting.
According to a report by CBS Baltimore, the man died during the 2013 Tough Mudder event in West Virginia. Specifically, he died on the “Walk the Plank” obstacle, which involved climbing up a wall and then jumping off a platform 15 feet into the water. Evidently, the man jumped off the platform, and another woman jumped right after him, landing on top of him and preventing him from surfacing.
According to the lawsuit, Tough Mudder was experiencing a particularly large crowd that day and took shortcuts on safety. For example, the plaintiff claims that there was only one volunteer stationed at the obstacle and that the volunteer had his or her back turned when they were telling racers to jump. Thus, the volunteer could have no idea if the path was clear for the next racer.
Additionally, the lawsuit alleges that the rescue diver was not prepared and took over two minutes to enter the water to rescue the drowning man. In sum, the lawsuit alleges that Tough Mudder failed to take adequate safety precautions to ensure that all racers were safe throughout the race course.
Wrongful Death Actions in Maryland
The above case took place in West Virginia, but Maryland has its own laws that allow a family member to bring a wrongful death lawsuit against a party who may be responsible for their loved one’s death. In Maryland, a wrongful death action may be brought by a wife, husband, parent, or child of the deceased person. These are all “primary beneficiaries” under the law.
If there are no primary beneficiaries, a secondary beneficiary may bring a wrongful death suit. A secondary beneficiary is defined as any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.
Once a party has established that they are a proper plaintiff, they must then prove that the defendant’s negligence caused the death of their loved one. Therefore, this aspect of a wrongful death action is much like a traditional negligence lawsuit.
Have You Lost a Loved One Due to the Negligence of Another?
If you have recently lost a loved one in any kind of Maryland accident, you should speak to an experienced Maryland personal injury attorney to determine if a wrongful death action may be appropriate. Depending on the facts of the case, it may be that you are entitled to a substantial monetary award to compensate you for your loss. The Maryland personal injury law firm Lebowitz & Mzhen, LLC is dedicated to personal injury cases and knows what it takes to recover for their clients. To speak to a dedicated personal injury attorney about your case, click here, or call 410-654-3600 today.
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Family of Navy Yard Shooting Victim Re-Files Wrongful Death Suit in Florida Court Maryland Accident Law Blog, May 14, 2014.