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Poster: way2dangerous
Subject: RE: Unregistered MudRun participant sues when paralyzed
Body:


Mr. Obvious wrote:

[quote]mudfun wrote:

How does one go about creating a mudpit with "negligence, reckless disregard, and/or gross negligence"? I would like to know how they have determined this.


Under Virginia law:

Simple negligence is the failure to use ordinary care. Gross negligence is action which shows indifference to others, disregarding prudence to the level that the safety of others is completely neglected. Willful and wanton negligence is acting consciously in disregard of another person’s rights or acting with reckless indifference to the consequences, with the defendant aware, from his knowledge of existing circumstances and conditions, that his conduct would probably cause injury to another.

That is case law. In practice a test commonly applied is whether the pit was built to industry standards--which is why I asked if there was a common standard for mud runs, warrior runs, spartan race, etc. Could be relevant in this case.[/quote]

Take a look at a picture of the pit. http://www.travelblog.org/Photos/4182122

I'd day that is reckless disregard.
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