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Wrongful Death Lawsuit Filed in 'Tough Mudder' Incident

Author: Scarinci Hollenbeck, LLC

Date: May 14, 2014

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The “Tough Mudder” is a popular race, with obstacles such as rope ladders and muddy army crawls.

If something goes wrong, these events could become dangerous, which is exactly what happened in West Virginia.

According to the Marietta Times, a male drowned last year on a Tough Mudder course and so his mother recently filed a wrongful death lawsuit against the organizers of the event. The lawsuit was made against Tough Mudder LLC, and seeks unspecified damages.

The participant died after taking part in the “Walk the Plank” obstacle. His mother claims the diver who was in charge of rescuing him didn’t act fast enough. In order to be successful, the mother has to prove the four elements of a wrongful death case, including:

  1. The death must have been caused by the defendant in whole or in part. This means they could either be the main reason a loved one died, or part of the cause.
  2. The death must have occurred as a direct result of the defendant’s negligence. This means that the mother must prove that Tough Mudder was negligent in this incident.
  3. The death must have affected surviving family members who qualify for compensation through a wrongful death settlement. This could be anything from medical and funeral costs to the loss of a source of family income.
  4. The death must have resulted in monetary damages.

Anytime there are four elements that need to be proven, cases can be hard to win. However, if the mother of the Tough Mudder participant can prove the above elements, she will receive a payout for damages that resulted from her son’s death.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

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